Ruberoid Co. v. California Unemployment Insurance Appeals Board

We face the question in this case whether the statutory provision as to “a trade dispute” bars the collection of unemployment insurance by a striking employee whom the employer has discharged and permanently replaced. We hold that since the permanent replacement at once prevents any choice or volition on the part of the worker to return to the job and since it severs the trade dispute as the cause of the unemployment, the disqualification of the section no longer operates. We set forth hereafter in more detail the basis for this conclusion.

Defendants appeal from a judgment vacating certain…