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Scoggins v. Morgan

November 17, 1972

SCOGGINS ET AL, PETITIONERS,
v.
MORGAN ET AL, RESPONDENTS. YOST ET AL, PETITIONERS, V. MORGAN ET AL, RESPONDENTS. STRONG, SR. ET AL, PETITIONERS, V. MORGAN ET AL, RESPONDENTS



Judicial Review of the Decisions of the Employment Appeals Board.

Keith E. Tichenor, Portland, argued the cause for petitioners. With him on the brief were Pozzi, Wilson & Atchison and Raymond J. Conboy, Portland.

Michael G. Holmes, Portland, argued the cause for respondent Pacific Maritime Association. With him on the brief were McCulloch, Dezendorf, Spears & Lubersky, Portland.

No appearance for respondent Ross Morgan, Administrator, Employment Division.

Fort, Judge. Schwab, Chief Judge, and Langtry, Judge.

Fort

This is an appeal by numerous employes from decisions of the Employment Appeals Board which denied them unemployment compensation for the period they were unemployed during the summer and early fall of 1971 as the result of the West Coast dock strike.

The dispute was over the terms for renewal of the labor contract between the International Longshoremen's and Warehousemen's Union (ILWU) and the Pacific Maritime Association (PMA), the employers' bargaining association.

After several months of negotiations the labor agreement expired on June 30, 1971. On the following day the ILWU called a strike. The strike continued until October 6, when an 80-day injunction was ordered under the Taft-Hartley Act. This case involves claims by certain workmen for unemployment benefits prior to the issuance of that injunction.

ORS 657.200 (1) provides:

"An individual is disqualified for benefits for

any week with respect to which the administrator finds that his unemployment is due to a labor dispute which is in active progress at the factory, establishment or other premises at which he is or was last employed or at which he claims employment rights by union agreement or otherwise."

The petitioners in these consolidated cases concede they became unemployed by reason of a labor dispute and therefore are disqualified under ORS 657.200 (1), but argue they are ...


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