A. O. Smith Corp. v. Department of Industry, Labor & Human Relations

This is an appeal from a portion of a judgment which affirmed an order of the Department of Industry, Labor and Human Relations granting unemployment compensation benefits. The question is whether workers on an indefinite layoff status drawing unemployment compensation benefits who are recalled to work by their previous employer, but do not receive the recall notice until after a strike has commenced, have lost their employment because of a strike.

The controlling statute in sec. 108.04 (10), Stats., which provides:

“(10) Labor dispute. An employe who has left (or partially or totally lost) his…