Claim of Burns v. Merritt Engineering Co.

A company rule forbade the drinking of intoxicating liquor and an agreement between the employer and the union, of which the employees were members, rendered a violation of that rule basis for “ immediate dismissal.” The rule was, as noted in the court’s opinion (p. 133) “ accepted and obeyed by the employees,” and there is not the slightest evidence either that any employee had ever before taken a drink while on the job, that the employer by word or conduct had ever relaxed the rule, or that it had ever indicated that it would permit drinking on the premises. Under such circumstances, it…