Legal Opinion

Smittle v. Gatson

West Virginia Supreme Court

Decided December 8, 1995No. 22912PublishedCited by 15 opinions

1Opinion of the Court

McHUGH, Chief Justice:

This unemployment security appeal concerns the denial of benefits to certain employees 1 of Contractors Supply, Inc. (“Contractors”) based on a finding that “a stoppage of work ... exists because of a labor dispute” and that none of the statutory exceptions applies. 2 The employees maintain that they are entitled to benefits because Contractors locked them out by refusing to operate under the expiring contract in an attempt to force a wage reduction. After the Circuit Court of Kanawha County upheld the decision of the Board of Review of the West Virginia Department of…

2Cases cited33 opinions

  1. National Labor Relations Board v. Truitt Manufacturing Co.Supreme Court of the United States · 1956
  2. Erie Forge & Steel Corp. v. Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 1960
  3. Adkins v. GatsonWest Virginia Supreme Court · 1994
  4. Philco Corp. v. Unemployment Compensation Board of ReviewSuperior Court of Pennsylvania · 1968
  5. Iron Molders' Union No. 125 of Milwaukee v. Allischalmers Co.Court of Appeals for the Seventh Circuit · 1908

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3Cited by15 opinions

  1. Dailey v. Board of Review, West Virginia Bureau of Employment ProgramsWest Virginia Supreme Court · 2003
  2. Edwards v. Our Lady of Lourdes Hosp.New Jersey Superior Court Appellate Division · 1987
  3. Patton v. GatsonWest Virginia Supreme Court · 1999
  4. Metropolitan Life Insurance v. GatsonWest Virginia Supreme Court · 1997
  5. Raleigh County Board of Education v. GatsonWest Virginia Supreme Court · 1996

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