Milford chronicle., 1946-02-15
Benefits Out When
Jobless Refuse To
Take Referral Jobs
CONTINUED from First Page)


Was non-unioM work suhjectins him
To disciplinary action by his union
The acting claims deputy OF the
UCC turned down Bie2ers request
On the grounds that he had failed
t. accept suitable work. Bigger up-
pt&lcd To the appeals referee who
sustained the acting claims deputy.
and To the commission which sus-
tanned the referee. He then appeal
90 to the superior Court under the
jroN iSi0n~ OF the compensation act.
His attorneys assigned five errors
IL the general proceedings of the
commission in asking for the iudi-
CiuI review.
Terry l'ph0ld> ICC
Judge Terry upheld the commits
sion in each Of the five alle2ed eI-
rors. In q brief discussion OF the
language OF the act. Judge Terry
noted that the work refcrral WOULD
not have been Suitable ii the pOSi-
uon at DecpWatcr had been vacant
Que To strike. lockout or other la
hur dispute.
The job would not have been suit
able either il the wages. hours or
conditions had been substantially
less Favorable on il. as ii condition.
the petitioner would have Lad to
juin a company union or resign
from on refrain from joining any
Iona ildc labor organization
Judge Ferry said that the zee
is dcSi9ncd to absorb the shock. 50
to speak. between terms of employ
Dcnt II is entirely social and il
clearly intended to SAFEGUARD cm-
loN"cs a2ainst the hardships ordi
narily uctasioncd from temporary
>lUppa2c in work"
ton~ldclin4 each Of the five er-
lurS ;.llc2cd 10y the petitioner
lud%c Ferry inst found that "the
assertion that person. to recover
untmrlONmenl condensation under
The act. must be afforded employ
mont within ana without the state
and that h" can properly refuse tC
accept a referral of employment
Hhich is wholly to be perfornc,
without the state is not Justified bN
! the language" of the act.
en- the second point in whicl
Bl@Gcr held that the union. Whicl
tcrhdS in its constitution the us,
OF spraying machines. would hay,
! diFcinlined him possibly leading t,
. expulsion. Jud4e Terry held tha
! Ei2rer's refusal on the ground va
, not Justified.
Dispute Alleged
Bi@@cr's third ground. based ol
!. an all, sed labor dispute at tn
\ Ie"pWater plant, involving DuPon
i. and the Camden. y. j.. local. wa
! dismissed 10y the judge with tn
statement that the facts as pre-
| scented do not &iye rise To the die
/ nir; of a labor dispute within th
meaning of the act
i Bi1Gcr had claimed that his loc:
i could discipline him for workin
II IN Il liant during labor diSput
!. The evidence revealed, hoWeve
!. that there was no dispute in T.
sense OF Il strike or lockout. Thel
y WIS no pickptin2. The dispute. IL
" evidence indicated. was merely
u matter OF bad relations iny0lviu
j. the lnion's refusal to provide lubt
/ because of the lower wage rate.
In reviewing the fourth alleet
u. error. Judge Ferry said there is I
j.. "ErStion of the l.ul, making power
o. the union; but questions, con
Al C'rnin@ rt&sOnahlencss and valid
N " OF rules are a constant functit
!, Oi all courts"
!, This point involved the possibil
" of Bigger's expulsion from Il
local il he accepted n0n-unio
;. work. The fifth alleged error. bas,
r, On the question of WAGES. in whic
Bigger COntcnded that 10 work
:; lay lower than his locals IA
~ would subject him To eXpIlsiu
: Was turned down for the same re
- Sons as the fourth.
The commission was represent
a. throughout by Caleb Layton Ill.