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CATERPILLAR, INC. v. DEPT. OF EMP. SEC.

Nos. 3-97-1022 to 3-97-1027.

710 N.E.2d 890 (1999)

304 Ill. App.3d 492

238 Ill.Dec. 93

CATERPILLAR, INC., Plaintiff-Appellant, v. The DEPARTMENT OF EMPLOYMENT SECURITY and Lynn Doherty, Director of Employment Security and Paul E. Dillefeld, Defendants-Appellees. Caterpillar, Inc., Plaintiff-Appellant, v. The Department of Employment Security and Lynn Doherty, Director of Employment Security, and Steven J. Cordle, Defendants-Appellees. Caterpillar, Inc., Plaintiff-Appellant, v. The Department of Employment Security and Lynn Doherty, Director of Employment Security, and Allana S. Thomas, Defendants-Appellees. Caterpillar, Inc., Plaintiff-Appellant, v. The Department of Employment Security and Lynn Doherty, Director of Employment Security, and Ronald D. McGrane, Defendants-Appellees. Caterpillar, Inc., Plaintiff-Appellant, v. The Department of Employment Security and Lynn Doherty, Director of Employment Security, and Ronald D. Roberts, Defendants-Appellees. Caterpillar, Inc., Plaintiff-Appellant, v. The Department of Employment Security and Lynn Doherty, Director of Employment Security, and Michael S. Steagall, Defendants-Appellees.

Appellate Court of Illinois, Third District.

April 22, 1999.

Attorney(s) appearing for the Case

L. Lee Smith (argued), Alan L. Hellman, Westervelt, Johnson, Nicoll & Keller, Peoria, for Caterpillar, Inc.

James Ryan, Attorney General, Barbara A. Preiner, Solicitor General, John P. Schmidt, Assistant Attorney General (argued), Chicago, for Board of Review of Ill. Dept. of Employment Security, Lynn Doherty.

Patrick T. Wallace (argued), Stanley Eisentein, Katz, Friedman, Schur & Eagle, Chicago, for Paul E. Dillefeld.

Justice BRESLIN delivered the opinion of the court:

The fundamental issue on appeal is whether striking workers whose employment is terminated by their employer are ineligible for unemployment benefits pursuant to section 604 of the Unemployment Insurance Act (Act) (820 ILCS 405/100 et seq. (West 1995)). We find that section 604 applies to individuals on strike, but does not act to disqualify employees who are discharged for alleged misconduct while on strike...

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