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WORCESTER TEL. PUB. v. DIRECTOR OF DIV. OF EMP. SEC.

347 Mass. 505 (1964)

198 N.E.2d 892

WORCESTER TELEGRAM PUBLISHING CO. INC. vs. DIRECTOR OF THE DIVISION OF EMPLOYMENT SECURITY & others.

Supreme Judicial Court of Massachusetts, Worcester.

May 19, 1964.

Attorney(s) appearing for the Case

Arthur J. Flamm (Robert M. Segal with him) for Cecil T. Gallant & others, claimants.

William H. Lewis, Jr., Assistant Attorney General, for the Director of the Division of Employment Security.

James S. Gratton for Worcester Telegram Publishing Co. Inc.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & REARDON, JJ.

CUTTER, J.

The claimants, union members, had been employed in the composing room of the Worcester Telegram. On November 29, 1957, they commenced a strike after the union and the Telegram had failed to make a new collective bargaining agreement. The Telegram continued publication, replaced the strikers, and by February 15, 1958, was again in normal production. Its general manager testified that there was no prospect that the strikers would be rehired, although it appeared...

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