[DOWNLOAD] "Ward v. Barnes" by Court of Appeals of Kentucky NO NUMBER IN ORIGINAL # eBook PDF Kindle ePub Free
eBook details
- Title: Ward v. Barnes
- Author : Court of Appeals of Kentucky NO NUMBER IN ORIGINAL
- Release Date : January 26, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
The right of the appellants, thirty-seven employees of the appellee Princess Elkhorn Coal Company, to unemployment compensation benefits from June 9, 1950, to August 24, 1950, depends upon whether their unemployment during that period was caused by a good faith labor dispute. The Commission held that they were not entitled to benefits, and the trial court affirmed its conclusion. For about two years prior to May 31, 1950, the company had used staggered shifts of tipple employees in order to achieve continuity of operation, and the Union contended the practice violated their labor contract which, in turn, was denied by the company. The controversy came to a head on June 1, 1950, when the Union ordered the tipple workers to refuse to work. A week later, on June 8, the Union and the company came to an understanding whereby the company operated its tipple for two 7 1/4 hour shifts instead of three such shifts as previously, and abandoned staggering its tipple employees. Because the company could not process as much coal with two shifts of tipple workers as it had with three, it became necessary to reduce the number of workers in the mine and the appellants thus were laid off. Not until August 24 was the dispute settled, when the Union, in order to return its laid off members to work, withdrew its opposition to the company's practice. In the meantime, the company had filed an unfair labor practice complaint with the National Labor Relations Board requesting a ruling, but no decision had been reached by the Board at the time the Union withdrew its objection to the company's practice.