# W. S. Dickey Clay Manufacturing Co. v. McCleney

> Alabama Court of Appeals · March 12, 1968 · 46 Ala. App. 168

URL: https://www.frixlaw.com/law-library/cases/6527635

## Case

- **Full name:** W. S. Dickey Clay Manufacturing Company v. Robert J. McCleney and Lester Leon Whitsett.
- **Court:** Alabama Court of Appeals
- **Decided:** March 12, 1968
- **Citations:** 46 Ala. App. 168; 239 So. 2d 304; 1968 Ala. App. LEXIS 420
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Johnson
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6527635

## Opinion text

ON REHEARING
PER CURIAM.
A non-striking employee who refuses to cross a picket line is not disqualified for unemployment compensation where such refusal is based upon a reasonable apprehension or fear of personal injury. Pledger, supra.
However, when legal evidence upon which such exception is grounded ceases to exist, the exception likewise ceases to exist and at that time it is incumbent upon the employee to seek reinstatement to his position of employment with the company. Failure to do so within a reasonable time after the “violence exception” ceased to exist would constitute a voluntary refusal to work notwithstanding the company’s letter of February 24, 1965, threatening discharge if he did not report for work.
We do not herein intend to imply that in every case an employee who may be unjustifiably discharged must apply for reinstatement before he is entitled to unemployment compensation. This requirement is to apply only to those cases wherein the facts pertinent to unemployment compensation are analogous to those herein prevailing.
Application overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6527635. Public record. Not legal advice.