BARBOUR v. D.C. DEPT. OF EMPLOYMENT SERVICES

Nos. 83-123, 83-127.

499 A.2d 122 (1985)

Thomas BARBOUR, et al., Petitioners, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent. Maloney Concrete Co., et al., Intervenors. MALONEY CONCRETE CO., et al., Petitioners, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent. Metropolitan Washington Council, AFL-CIO, Intervenor.

District of Columbia Court of Appeals.

Decided October 8, 1985.


Attorney(s) appearing for the Case

Oliver Denier Long, Bethesda, Md., and Kenneth Henley, Philadelphia, Pa., were on brief, for petitioner in No. 83-123.

William H. Willcox, Washington, D.C., with whom Gary L. Melampy, Washington, D.C., was on brief, for petitioners in No. 83-127 and intervenors in No. 83-123.

Grace Lockett Rosner, Washington, D.C., for respondent.

Jonathan G. Axelrod, Washington, D.C., with whom William W. Osborne, Jr., Washington, D.C., was on brief, for intervenor, Metropolitan Washington Council, AFLCIO.

Before PRYOR, Chief Judge, and NEWMAN and BELSON, Associate Judges.


NEWMAN, Associate Judge:

Barbour, et al. (employees) seek review of the decision by the Department of Employment Services (DOES) which denied their applications for unemployment compensation based on a finding that they voluntarily left their jobs without good cause connected with the work under D.C.Code § 46-111(a) (Supp.1982). The employees claim that since their unemployment was a result of a strike, their eligibility can only be determined by the "labor dispute...

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