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Bedger v Brooks Lumber Company 15.27

Section 29(8)

LABOR DISPUTE, Controversy, Employer association, Expiration of

contract, Functionally integrated establishments, Lockout, Selective strike

CITE AS: Bedger v Brooks Lumber Co, No. 80-006100 AE, Wayne Circuit Court (April 8, 1981).

Appeal pending: No

Claimant: Norman A. Bedger

Employer: Brooks Lumber Co.

Docket No: B76 18613 56233

CIRCUIT COURT HOLDING: Employees who are locked out are disqualified where " ... the lockout was in direct response to the union's attempt to impact contract negotiations through the use of a selective-strike strategy."

FACTS: The employer belonged to an employer association. "The parties entered into labor contract negotiations which resulted in an impasse. At this time the union chose to strike only one of the association members, Erb Lumber. The association, pursuant to its by-laws, deemed the union action as a strike against all its members and therefore proceeded to lock-out all local 458 employees".

DECISION: The claimant is disqualified under Section 29(8) of the Act.

RATIONALE: "This issue was directly addressed by the Michigan Supreme Court in its reversal of the Court of Appeals decision in Smith decided February 3, 1981 S Ct DKT #62991."

"The Supreme Court said, (at p 6 of slip opinion): 

Clearly these separately owned and operated businesses are not 'functionally integrated' establishments."


7, 14, d3:NA

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