O'Rourke v. Board of Review, Division of Employment Security

The opinion of the court was delivered by

Jacobs, J.

This is an appeal from a decision of the Board of Review which found that the appellant was ineligible for unemployment benefits during a vacation shutdown of the Western Electric Company’s plant. We certified on our own motion. See R. R. 1:10-1 (a).

The appellant Robert J. O’Rourke was employed on July 10, 1956 as a record clerk at the Kearny Works of the Western Electric Company. Three days later the plant was largely (though not entirely) shut down to enable employees to take their animal vacations. Mr. O’Rourke asked whether there was any…