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Title: Scott v. U.C.C
Author : Supreme Court of Montana
Release Date : January 04, 1962
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 88 KB

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Rehearing denied December 21, 1962 Submitted March 30, 1962 These cases are consolidated appeals by the Unemployment Compensation Commission of the State of Montana, from judgments made and entered in district courts of the State of Montana, granting unemployment compensation benefits to the respondents In each case the Unemployment Compensation Commission had denied such benefits and these orders were reversed in the district courts It is undisputed that in each case the respondent was a member of the International Union of Mine, Mill and Smelter Workers, belonging to a local in either Great Falls or Butte. Each respondent worked for the Anaconda Company, either in Great Falls or Butte prior to, or on the 18th day of August 1959. On August 19, 1959, the Union called a strike which caused a stoppage of work in Great Falls and Butte, and the labor dispute continued until February 16, 1960 During the strike each respondent, save one, worked at some other employment for a period of time, and whenever such other employment ceased he filed a claim for unemployment compensation benefits on the basis of such other employment. When the strike ended each respondent was called to return to work on a seniority basis, and each did in fact return to work Each respondent was initially found to be eligible for benefits by the Commission but was held to be disqualified by reason of the statute hereafter quoted The specifications of error cited by the appellant raise two issues: (1) whether the Anaconda Company was the last employer within the intent of section 87-106(d), R.C.M. 1947, and (2) whether the respondent's total unemployment was due to the stoppage of work at the Anaconda Company as defined in section 87-149(a), R.C.M. 1947 Section 87-106(d), R.C.M. 1947, before amendment in 1961, provided: ""An individual shall be disqualified for benefits â€”