Legal Opinion · Dissent

Laclede Gas Co. v. Labor & Industrial Relations Com.

Missouri Court of Appeals

Decided July 12, 1983No. 45348, 45425Published

1Dissent

PUDLOWSKI, Judge,

dissent.

I respectfully dissent. I believe that the question of whether a “stoppage of work” existed was a question of fact, and that the Commission’s decision on this factual issue was supported by competent and substantial evidence.

The majority asserts that the facts were “undisputed” and that “the Commission’s decision indicated no dispute concerning any fact matter.” I cannot agree. The existence vel non of a stoppage of work is universally regarded as a factual question, the resolution of which depends on the facts and circumstances of each case. See cases cited in…

2Cases cited17 opinions

  1. Lee-Norse Co. v. RutledgeWest Virginia Supreme Court · 1982
  2. Pulitzer Publishing Co. v. Labor & Industrial Relations CommissionSupreme Court of Missouri · 1980
  3. O'DELL v. Division of Employment SecuritySupreme Court of Missouri · 1964
  4. Cumberland and Allegheny Gas Company v. HatcherWest Virginia Supreme Court · 1963
  5. Monsanto Chemical Company v. ThornbroughSupreme Court of Arkansas · 1958

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