The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1940-04-19
Compensation
Given 10 225
Some Strikers
Win in Ruling

4 decision which partly upheld
and partly reversed State Unem-
ployment Compensation Director
Jack Bates was filed by Judge
Ernest NJ. Card at noon Thursday
in the iong-contested case Of the
ST. Paul a Tacoma Lumber Co.
strikers.
In most OF the 200 claims Of
the workers. Judge Card held
Bates ruled with the state law in
denying them.
To two groups Of the company's
employees. maintenance men and
single weavers. approximately
225 men. however. he ordered pay
ment of compensation for the time
they lost during the long strike.
Exact number OF men and amount
of benefits must be determined by
the state unemployment compen-
sation division on reconsideration
Of the claims In light of Judge
Cards decision. Estimated cost TO
the state is around $50. 200.
Asked 100000
Claims OF all st. Paul mill en-
ployes totaled more than $500, 600.
They arose from a five-months
strike In the mill and logging
camps called May %. 1889. by the
CIo sawmill a Timber Workers
union. Their claims for oompensa-
ton were argued in Tacoma and
Olympia and then on appeal in
Judge Cards court. SO many ques-
tions were involved that attorneys
took three months completing
their briefs.
Judge Card went back to the
law. Its history and Its intent in
getting out his decision. citing the
English unemployment insurance
law. in effect since 1911, and the
model federal act patterned from
1t. He quoted the 1888 presi-
Dental commissions recommended
ton that ito serve Its purposes,
unemployment compensation must
be paid only to workers who were
involuntarily unemployed"
Ou0fex law
This law" he ruled, definitely
provides that, II an industrial plant
Is shut down by a labor dispute,
then no employee shall receive I'M
employment benefits unless he
proves he did not participate in
or was not otherwise directly in
in the dispute.
The largest group of employees
Who are out of work due TO the
'trike are classified as woods and
nillmen.' II is undisputed that
hey stopped work voluntarily to
conduct the strike. The dispute
vas about their wages. hours and
Of work. Therefore they
ire precluded from receiving bene-
its
The maintenance men will be
considered as a separate group,
boilermen, electricians
md powerhouse men. They worked
mder permits from their union for
/ time and were released later by
he employer. Their lay-off was In
They are entitled to
benefits.
Precluded Themselves
The 'boommen and rafters'
another group. They
we're not involved in the original
abor dispute and its settlement
would not affect their working
However, they refused |
10 report for work or to cross a
picket line maintained by the
striking union. BY 80 doing they
participated In the pending labor
dispute. thereby precluding them
selves from receiving benefits I'M
Ter the Washington law.
The 'shingle weavers' worked
n a separate mill, had no direct
In the outcome of the
strike. In a union meeting the
hight before the strike they voted
% return 10 work and they did
lot participate in the pending
abor dispute. They became I'M
Employed through no fault of their
'wn. They are entitled to bene-
ats"
Still a puzzle for the state TO
work out for itself is the status
II strikers, disqualified for benefits
who found other work. In some
,ases they worked for a time on
other jobs and then were laid off
rom them.
II their intervening jobs were
regular work and not temporary,
Judge Card ruled. they had at
tanned a new status and became
eligible by loss of their new Jobs.