Bays v. Shenango Co.

I must respectfully dissent from the majority’s opinion which, in my view, misinterprets the concept of status quo, misapplies the test used in determining whether work stoppage is due to a strike or lockout set forth in Oriti v. Bd. of Review (1983), 7 Ohio App. 3d 311, 7 OBR 394, 455 N.E. 2d 720, and unreasonably shifts the burden of offering to maintain the status quo squarely onto the shoulders of the employer.

The issue presented by this case is whether the work stoppage at the Shenango Company Dover Plant was caused by a lockout or by a strike, which would disqualify strikers from…