LABOR DISPUTE, Direct interest, Non-teaching employees, Same establishment, School district, Teachers
CITE AS: Chadwell v School District of the City of Flint, No. 426 Genesee Circuit Court (April 1, 1981).
Appeal pending: No
Claimant: Anna M. Chadwell, et al
Employer: School District of the City of Flint
Docket No: B78 02421 62957
CIRCUIT COURT HOLDING: Where a teachers' strike causes the unemployment of school secretaries, clerks and food service workers, who can reasonably expect to benefit from the strike, these non-teaching employees have a direct interest in the labor dispute.
FACTS: "The question presented in this case is whether these secretaries, clerks and food service workers are entitled to unemployment benefits to be paid by the Board for the two weeks, approximately, that their 1977 summer vacation was extended by the teachers' strike."
DECISION: The claimants are disqualified because of a labor dispute.
RATIONALE: "Dann v Employment Security Commission, 38 Mich App 608, 196 NW2d 785 (1972) was relied upon by the Board of Review. That case, which never made much sense and which should never have been applied to a school strike, has been discredited by Baker v Gen Motors Corp, 409 Mich 639 (1980)."
"Although the majority of the Board of Review did not consider these issues, I am satisfied that the secretaries and clerks were directly involved as employees in the same establishment as the striking teachers and that all of the claimants reasonably expected to benefit eventually, in direct proportion to the improvement achieved by the teachers' strike and negotiations and that, therefore, they were directly interested and so directly involved."
7, 14, d15:NA