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Knight-Morley Corp v ESC 15.29

Section 29(8)

LABOR DISPUTE, Termination of labor dispute, Discharge

CITE AS: Knight-Morley Corp v ESC, 352 Mich 331 (1958).

Appeal pending: No

Claimant: Carlton D. Semos

Employer: Knight-Morley Corp

Docket No: B54 2412 16805

SUPREME COURT HOLDING: Striking workers are not subject to disqualification under Section 29(8) if they are discharged.

FACTS: Claimants went on strike September 30, 1953. As they left they were told that if they struck they were fired and replacements would be hired. They were sent a letter that if they did not report to work by October 5 they would be considered to have quit. Beginning October 5 the employer permanently replaced the striking workers, removed their time cards, cancelled group insurance coverage, and published a notice in a newspaper that the claimants were "no longer employees of this company."

DECISION: Claimants are not disqualified under Section 29(8).

RATIONALE: "It would be difficult to conceive of language and accompanying course of action by an employer more expressive of a present intent to discharge employees or more effective to accomplish that end."

Claimants were still employees while on strike until discharged by the employer. The labor dispute disqualification terminates when the employee is discharged, even though on strike at the time.



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