Legal Opinion · Dissent

Olson v. Job Service North Dakota

North Dakota Supreme Court

Decided February 26, 2013No. 20120250Published

1DissentSandstrom, Justice

[¶ 43] I respectfully dissent.

[¶ 44] There is no dispute that the purpose of S.B. 2354 before the 1981 Legislative Assembly was to deny unemployment benefits when it is the claimant’s work that is stopped — not necessarily all of the employer’s work that is stopped — because of a labor dispute. There is also no dispute that the law was not to deny unemployment benefits to “innocent bystanders” who are out of work because of a labor dispute of other workers.

[¶ 45] It is also undisputed that no one told the legislature that it was changing the law in any way regarding lockouts. But the…

2Cases cited6 opinions

  1. City of Bismarck v. UhdenNorth Dakota Supreme Court · 1994
  2. Effertz v. North Dakota Workers Compensation BureauNorth Dakota Supreme Court · 1994
  3. United Hospital v. D'AnnunzioNorth Dakota Supreme Court · 1994
  4. Amoco Oil Co. v. Job Service North DakotaNorth Dakota Supreme Court · 1981
  5. Lamb v. State Board of Law ExaminersNorth Dakota Supreme Court · 2010

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