American-Hawaiian Steamship Co. v. California Employment Commission

On November 10, 1939, the Ship Clerks’ Union, Local 1-34 of the International Longshoremen’s and Warehousemen’s Union, called a strike effective at 6:00 p. m. on that day against employers who were members of the Dock-checkers Employers’ Association of San Francisco, because they could not agree upon the renewal terms of collective bargaining agreements that had expired on September 30, 1939. The strike continued until January 3, 1940, when it was terminated by agreement of the parties. The Dock-Checkers’ Employers’ Association, now part of the Waterfront Employers’ Association of San Francisco, represented its members, who operate terminal facilities for freight transported by water to and from ports on San Francisco Bay, in their collective bargaining with the Ship Clerks’ Union. The employment arrangement, similar to that for the longshoremen, was established under a contract executed on March 30, 1937, between the checkers’ union and the employers’ association. By agree *718 ment the parties were continuing to operate under this contract at the time of the strike. The union and the employers’ association operated jointly a hiring hall from which checkers were dispatched as…

I concur in the conclusion reached for the reason that the unemployment occurred after the effective date of the 1939 amendment to section 67 of the Unemployment Insurance Act.

In this case the initial determination by the adjustment unit denied unemployment benefits. Although that denial was reversed by the referee and benefits allowed and the latter order affirmed by the commission, benefits were not payable regardless of the appeal because section 67 of the California Unemployment Insurance Act as it read in 1939 *720 (Stats. 1939, eh. 1085) required that payments be made where the referee affirmed “am, initial determination allowing benefits.” In 1937 it provided that if a referee affirms a decision of a deputy or the commission affirms a decision of the referee allowing benefits, the benefits must be paid regardless of the appeal. (Stats. 1937, p. 2059.) (See dissenting opinion in W. R. Grace & Vo. v. California Emp. Com., this day filed post, p. 734 [ 151 P.2d 223 ].)

Schauer*, J., concurred.

Interveners’ petition for a rehearing was denied September 13, 1944. Carter, J., and Schauer, J., voted for a rehearing.