ROBERTS v. GATSON

No. 19359.

392 S.E.2d 204 (1990)

David Allen ROBERTS v. Cathy S. GATSON, Clerk of the Circuit Court of Kanawha County; the Board of Review of the West Virginia Dept. of Employment Security; Richard E. Tyson, as Chairman; J.K. Chase, Jr., and C.C. Elmore, Jr., as Members; Adna Thomas as Commissioner; and PPG Industries, Inc.

Supreme Court of Appeals of West Virginia.

Concurring and Dissenting Opinion by Justice McHUGH April 30, 1990.


Attorney(s) appearing for the Case

Patrick S. Cassidy, O'Brien, Cassidy & Gallagher, L.C., Wheeling, G. Charles Hughes, G. Charles Hughes, L.C., Moundsville, for David Allen Roberts.

Larry W. Blalock, Al Anthony George, Jackson & Kelly, Charleston, for PPG Industries.


MILLER, Justice:

When the collective bargaining agreement (CBA) between PPG Industries, Inc. (PPG), and Local No. 45 of the International Chemical Workers' Union (Union) expired on August 31, 1986, approximately 600 employees went on strike. The employees filed timely applications for unemployment benefits, which were ultimately denied by the Board of Review of the West Virginia Department of Employment Security.

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