SMITH v. ESC

Docket Nos. 62991, 63372. (Calendar Nos. 4, 5).

410 Mich. 231 (1981)

301 N.W.2d 285

SMITH v. EMPLOYMENT SECURITY COMMISSION DOERR v. UNIVERSAL ENGINEERING DIVISION, HOUDAILLE INDUSTRIES, INC

Supreme Court of Michigan.

Decided February 3, 1981.


Attorney(s) appearing for the Case

Roth, Mazey, Mazey & Hamburger, P.C., for plaintiffs in Smith.

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

Cox & Hooth, P.C. (by Gilbert C. Cox, Jr., and John L. Cerretani), for defendant Imerman Screw Products Company.

Dykema, Gossett, Spencer, Goodnow & Trigg (by James D. Tracy and Cameron H. Piggott) for defendant Universal Engineering Division, Houdaille Industries, Inc.

Amici Curiae:

Dickinson, Wright, McKean, Cudlip & Moon (by Lawrence G. Campbell, Richard M. Bolton and Michael B.W. Sinclair) for Borden, Inc.

Dreyer & DuBois, P.C. (by James D. Dreyer and Michael K. Cooper), for U.S. Plywood Division, Champion Building Products.

Marston, Sachs, Nunn, Kates, Kadushin & O'Hare, P.C. (by Theodore Sachs and Charles Looman), for Michigan State AFL-CIO.

Clark, Klein & Beaumont (by Dwight H. Vincent and J. Walker Henry) for Michigan Manufacturers Association, Employers Association of Detroit, Employers Association of Grand Rapids, Employers Unemployment Compensation Council, Foundrymen's Association of Michigan, Independent Insurance Agents of Michigan, Michigan Asphalt Paving Association, Inc., Michigan Auto Dealers Association, Michigan Automotive Wholesalers Association, Michigan Beer & Wine Wholesalers Association, Michigan Chapter of Associated General Contractors, Michigan Dairy Foods Association, Michigan Food Dealers Association, Michigan Funeral Directors Association, Inc., Michigan Independent Telephone Association, Michigan Institute of Laundering & Drycleaning, Michigan Licensed Beverage Association, Michigan Oil & Gas Association, Michigan Plumbing & Mechanical Contractors Association, Inc., Michigan Retail Lumber Dealers Association, Michigan Retailers Association, Michigan Savings & Loan League, Michigan Tobacco-Candy Distributors & Vendors Association, Inc., Michigan Trucking Association, Inc., and Music Operations of Michigan.


FITZGERALD, J.

In both of these cases, the employer locked out its employees upon the expiration of their collective bargaining agreement after negotiations to arrive at a new agreement had been unsuccessful. We granted leave to appeal to decide whether the employees are entitled to unemployment compensation where they were locked out in spite of their willingness to continue working during contract negotiations. In both cases, the Michigan Employment Security Commission...

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