ROBERTS v. INDUSTRIAL COMM.


2 Wis.2d 399 (1957)

ROBERTS, Respondent, vs. INDUSTRIAL COMMISSION and another, Appellants.

Supreme Court of Wisconsin.

December 3, 1957.


Attorney(s) appearing for the Case

For the appellant Industrial Commission there was a brief and oral argument by Arnold J. Spencer of Madison.

For the appellant Chain Belt Company there was a brief by Wood, Warner, Tyrrell & Bruce of Milwaukee, and oral argument by Jackson M. Bruce.

For the respondent there was a brief and oral argument by Lawrence D. Gillick of Milwaukee.

A brief amicus curiae was filed by Leon B. Lamfrom of Milwaukee, for the Employers Association of Milwaukee.


BROWN, J.

Roberts was a welder working for Chain Belt Company. His labor grade was number five. On September 28, 1954, there was a lack of welding work and the company offered him a transfer to the job of stock selector in labor grade eight. Roberts' pay as a welder varied from $71 to $95 per week, piecework. The stock-selector job had no piecework and the pay would be $64 per week. Roberts refused the offer of the new job and demanded that he be placed on layoff...

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