Montana labor news., 1939-09-28
Freebourn Answers
Query on UnempIoY-
menf Compensation
STATE OF MONTANA
Department of
ATTORNEY GENERAL


ATTORNEY GENERAL
Mr.. Ed. Mason, President,
Butte Miners Union,
Dear Ed:
Pursuant to your request ove the
phone of this date, l am enclosing
opinion rendered to the Mill and
Smeltermen's Union of Anaconda, on
August 18th, 1889, covering the same
question about which you now re-
quest opinion, viz, as to whether or
not men on strike are entitled to
the benefits of the Unemployment
Compensation Act.
AS requested l am mailing this
Special Delivery and trust it reaches
you in time for your purpose.
With kindest personal regards,
Very truly yours,
HARRISON ]. FREEBOURN,
By Clarence Hanley,
Special Assistant.
COPY
Mill and Smeltermen's Union,
Mr.. John Emmons,
Anaconda, Montana.
Gentlemen:
You have submitted to this office
the question as to whether or not
the members of the Anaconda Mill
and Smeltermen's Union who may
go out on strike would be eligible
to collect unemployment insurance
compensation.
Section S of Chapter 1877, Laws Of
1887, provides certain disqualified
tons in obtaining the benefits Of the
unemployment insurance compensa-
ton, but that part of the chapter
and the entire chapter amongst
other matters expressly exempts
certain causes of unemployment
from the disqualification. For your
complete information I am quoting
that portion of the statute in which
you are interested:
I'D For any week with respect
to which the commission finds that
his total unemployment is due to
a stoppage of work which exists be-
cause of a labor dispute at the fac
tory, establishment, or other prem
ises at which he is or was last en-
ployed, provided that this subsection
shall not apply if it is shown to the
satisfaction of the commission that
ID He is not participating in or
financing or directly interested in
the labor dispute which caused the
stoppage of work; and
~ He does not belong to a grade
or class of workers of which i'm
mediately before the commence
ment of the stoppage, there were
members employed at the premises
at which the stoppage occurs, any
of whom are participating in or fl
nancing or directly interested in the
dispute;
Provided, that if in any case sep
arate branches of work which are
commonly conducted in separate
departments of the same premises,
each such department shall, for the
purposes of this subsection, be
deemed to be a separate factory,
establishment, or other premises;
provided, further, that if the com
mission upon investigation, shall find
that such labor dispute is caused
by the failure or refusal of any en-
ployer to conform to the provisions
of any law Of the state Of Montana
or of the United States pertaining
to collective bargaining, hours,
wages, or other conditions of work,
such labor dispute shall not render
the workers ineligible for benefits"
If the members Of your union 60
out on strike they would be entitled
to unemployment insurance compen-
sation because their status comes
squarely within the terms and pro-
visions of the statute above quoted.
The applicant for compensation be-
ing on strike would have been total
ly unemployed and his work would
cease because of the strike at the
establishment where he was last en-
ployed. OF course, within the pro-
visions of the statute such applicant
for compensation must be a person
who is participating in a strike or