F. W. Woolworth Co. v. Employment Security Division

F.W. Woolworth Co., Inc., and J.C. Penney Company, Inc, appeal from a summary judgment of the District Court for the Twelfth Judicial District. The appeals originate from claims filed July 18, 1976, by members of retail clerks’ union, local no, 57, for unemployment benefits claimed during a strike.

The issue during the administrative process was whether a work stoppage occurred under section 39-51-2305, MCA. Benefits are denied during a period of strike if unemployment results from a “stoppage of work” existing because of the labor dispute. A deputy of the Employment Security Division…