Chrysler Corp. v. California Unemployment Insurance Appeals Board

This proceeding in mandamus to compel removal of charges against an employer’s unemployment reserve fund is before us on appeal by the California Unemployment Insurance Appeals Board from a judgment of the superior court declaring claimants to be ineligible for unemployment compensation benefits. The judgment set aside a decision of the board upholding their eligibility, and ordered any charges against respondent’s account as the result of payment of *685 unemployment benefits to be removed. We conclude on the record before us that by reason of the construction and application of section 1262, Unemployment Insurance Code, by the Supreme and appellate courts of this state, claimants are entitled to benefits, and the judgment should be reversed.

The superior court reviewed the administrative record and made and filed its independent findings and conclusions of law (Chrysler Corp. v. California Emp. Stab. Com., 116 Cal.App.2d 8 [ 253 P.2d 68 ]); they are at complete variance with the administrative findings and determination, but the basic material facts are undisputed and the question is primarily one at law. The claimants, 81 in all, are employed as office and clerical workers and…

I dissent.

It is my opinion that the trial judge in this case properly disposed of the matter.

It is to be remembered that all of those who were em *697 ployed at the Los Angeles plant of the respondent (insofar as this ease is concerned) were members of the same local union, consisting of three units: namely, the office and clerical workers, the engineers, and the production and maintenance workers. Bach member of each unit took the same oath upon becoming a member, paid the same dues, had the same right to participate in the election of and was governed by the common local officers of the union. The three contracts for the units which were made by the union with the company were substantially the same. The contract with reference to the production and maintenance workers did not prohibit the calling of a strike over rates of production.

The executive board of the local union recommended that a strike vote be taken by the production workers unit. The board was made up principally of the officers of the union who had been elected by all of the members of the union. After approval was secured from the International Union the strike was called and as an inevitable result of the…

This proceeding in mandamus to compel removal of charges against an employer's unemployment reserve fund is before us on appeal by the California Unemployment Insurance Appeals Board from a judgment of the superior court declaring claimants to be ineligible for unemployment compensation benefits. The judgment set aside a decision of the board upholding their eligibility, and ordered any charges against respondent's account as the result of payment of unemployment benefits to be removed. We conclude on the record before us that by reason of the construction and application of section 1262, Unemployment Insurance Code, by the Supreme and appellate courts of this state, claimants are entitled to benefits, and the judgment should be reversed.

The superior court reviewed the administrative record and made and filed its independent findings and conclusions of law (Chrysler Corp. v. California Emp. Stab. Com., 116 Cal.App.2d 8 [ 253 P.2d 68 ]); they are at complete variance with the administrative findings and determination, but the basic material facts are undisputed and the question is primarily one at law. The claimants, 81 in all, are employed as office and clerical…