BOWEN v. REVIEW BD. OF IND. EMP. SEC. DIV.

No. 2-1275A383.

362 N.E.2d 1178 (1977)

Dimmon BOWEN, and Others Whose Names Are Set Out On Attachment As Additional Appellants, Appellants (Defendants below). v. REVIEW BOARD OF THE INDIANA EMPLOYMENT SECURITY DIVISION, William H. Skinner, J. Frank Hanley, II, and Ralph F. Miles, As Members of and As Constituting the Review Board of the Indiana Employment Security Division, and the Anaconda Company Wire and Cable Division, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Second District.

May 25, 1977.


Attorney(s) appearing for the Case

Lynnville G. Miles, Indianapolis, for appellants.

Theodore L. Sendak, Atty. Gen., Darrel K. Diamond, Asst. Atty. Gen., Indianapolis, for appellees.


BUCHANAN, Presiding Judge.

CASE SUMMARY

Appellant (Bowen) seeks reversal of an Employment Security Review Board decision denying him benefits claiming the Board failed to properly construe IC 1971, 22-4-15-3(e) which allows a worker laid off for an indefinite period to refuse recall to work if his employer is involved in a labor dispute.

We reverse.

FACTS

The undisputed facts are:

Claimant was a production and maintenance...

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