Caterpillar, Inc. v. Department of Employment Security

I believe that the majority has written out of the statute at issue a crucial clause that materially affects who is and who is not entitled to unemployment benefits. Because we are not vested with the authority to rewrite legislation, or to excise portions of existing statutory law, I respectfully dissent.

This case arises out of a labor dispute between the parties. The defendants are six striking workers whose employment was terminated by their employer, the plaintiff, prior to the strike’s end. Following that termination, the defendants sought unemployment benefits. Principally at issue is…