DOERR v. UNIVERSAL ENGINEERING DIV., HOUDAILLE INDUSTRIES, INC.

Docket No. 78-389.

90 Mich. App. 455 (1979)

282 N.W.2d 352

DOERR v. UNIVERSAL ENGINEERING DIVISION, HOUDAILLE INDUSTRIES, INC.

Michigan Court of Appeals.

Decided June 5, 1979.


Attorney(s) appearing for the Case

Marston, Sachs, Nunn, Kates, Kadushin & O'Hare, P.C. (by Charles Looman), and John A. Fillion and Jordan Rossen, for plaintiffs.

Dykema, Gossett, Spencer, Goodnow & Trigg (by James D. Tracy, Cameron H. Piggott and Baylee Reid), for defendant Universal Engineering.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Felix E. League, Assistant Attorney General, for defendant Michigan Employment Security Commission.

Amici Curiae:

Beaumont, Smith & Harris (by Dwight H. Vincent and J. Walker Henry), for Michigan Manufacturers Association, and others.

Before: BASHARA, P.J., and V.J. BRENNAN and R.M. MAHER, JJ.


V.J. BRENNAN, J.

The facts giving rise to the present controversy are set forth in the dissenting opinion of Judge BASHARA. The question to be resolved is whether the unemployment of the plaintiffs at bar was the result of a labor dispute in active progress.

As Judge BASHARA points out, the pertinent inquiry concerns the "efficient cause" of the unemployment. Accordingly, if the primary or controlling reason for the lockout is adverse economic conditions,...

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