Legal Opinion · Dissent

Gibson v. Review Board of the Indiana Department of Workforce Development

Indiana Court of Appeals

Decided October 28, 1996No. 93A02-9604-EX-187Published

1DissentHoffman, Judge

I respectfully dissent. After his discharge, Gibson applied for and was denied unemployment compensation benefits with the Indiana Department of Workforce Development (Department). He appealed the decision and a hearing was conducted by an administrative law judge (ALJ). The ALJ found the Company's discharge of Gibson to be without just ecause because "[it] failed to establish [Gibson's] act of carrying a weapon on the picket line coerced or intimidated fellow workers." (Emphasis added.) Thereafter, the Company filed an appeal with the Review Board. Although noting "there is no suggestion…

2Cases cited5 opinions

  1. Russell v. Review Board of the Indiana Department of Employment & Training ServicesIndiana Court of Appeals · 1992
  2. Advance Industries Division-Overhead Door Corporation v. National Labor Relations BoardCourt of Appeals for the Seventh Circuit · 1976
  3. United States v. Oakley Bernard EngesserCourt of Appeals for the Ninth Circuit · 1986
  4. Markle v. Indiana State Teachers Ass'nIndiana Court of Appeals · 1986
  5. Simmons Co. v. Review Board of Indiana Employment Security DivisionIndiana Court of Appeals · 1965

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