St. John's Mercy Health System v. Division of Employment Security

I. Introduction

WILLIAM RAY PRICE, JR., Judge.

St. John’s Mercy Health System (St. John’s) seeks review of the Labor and Industrial Relations Commission’s (commission) decision that nurses (claimants) are eligible for benefits during a strike. This Court has jurisdiction because the validity of a statute is challenged. Mo. Const. art. V, section 3.

The commission’s decision is affirmed. Claimants meet the requirements of section 288.040.6(2) 1 to receive unemployment benefits while they were on strike because St. John’s was found guilty of an unfair labor practice for an “act or actions…