(DOWNLOAD) "Frank Foundries Corporation v. Review" by In Banc No. 17883 Appellate Court of Indiana " eBook PDF Kindle ePub Free
eBook details
- Title: Frank Foundries Corporation v. Review
- Author : In Banc No. 17883 Appellate Court of Indiana
- Release Date : January 21, 1949
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
ROYSE, Judge. This case involves the construction of 52-1539c, Burns' 1933 (1947 Supp.) of the Indiana Employment Security Act. The pertinent portion of this section is as follows: 'An individual shall be ineligible for waiting period or benefit rights: For any week with respect to which the board finds that his total or partial or part-total unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment, or other premises at which he was last employed; Provided, That this section shall not apply if it is shown to the satisfaction of the board that: He is not participating in or financing or directly interested in the labor dispute which caused the stoppage of work; and he does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in or financing or directly interested in the dispute; and he has not voluntarily stopped working, other than at the direction of his employer, in sympathy with employees in some other establishment or factory in which a labor dispute is in progress.' At all times referred to herein the appellant was the employer of the individual appellees. (Hereinafter, the appellant will be referred to as the employer, the individual appellees as the employees, and the appellee The Review Board of the Indiana Employment Security Division as the Board. The facts out of which this controversy arose may be summarized as follows: The employer operates an iron foundry employing about one hundred fifty people. A collective bargaining agreement had been entered into between the employer and Local Union 242-U.A.W.-C.I.O. as agent for the employees. For several months prior to May 27, 1948, because of a shortage of materials, the employer's plant worked only an average of about three days a week. Among the employees were Joe Kendrick and Elbert Hibbard who ground gates off the castings. On the standard fixed for this work, for several days prior to May 25, 1948 these men had earned from $1.50 to $1.97 per hour. The base rate for this work was $1.01 per hour and required making 60 units per hour. On May 26th the employer's assistant superintendent and their foreman observed these men were idling on the job. On the morning of May 27th, at a meeting of the employer's foremen, the time tickets of these two employees disclosed they had made only 36 or 37 units per hour. Their foreman was instructed to discharge them, which he did about 9 a.m. May 27th. The discharged employees went through the plant telling the other employees they had been fired. One John Higgins, an employee who is Chairman of the Union Bargaining Committee, demanded an immediate meeting with the plant manager. He rounded up his committee and most of the other employees, and they met with the plant manager and other representatives of the employer. They demanded the immediate reinstatement of the discharged employees. The plant manager refused and told them to take the regular procedure for a grievance and asked them to go back to work. This meeting was held about 10 a.m.
 "Frank Foundries Corporation v. Review" by In Banc No. 17883 Appellate Court of Indiana " eBook PDF Kindle ePub Free){kind=link}