looking to which party sought to change the status quo in order to determine if the employees engaged in a strike
How later courts described this case
- looking to which party sought to change the status quo in order to determine if the employees engaged in a strike
- ingredients of a strike include “a refusal to work, with intent to bring about compliance with a demand,” and “an intention to return to work when compliance is accomplished”
Written by the judges who cited it.
The opinion
*123 Mr. Justice Burke.
I concur in both reasoning and conclusion, but would put affirmance on a broader basis. It seems to me this is a clear case of voluntary unemployment and that such is expressly excluded from compensation. Were it otherwise, I think the statute would be void. My conclusion is that whether unemployment results from a labor dispute or a strike, is immaterial. The only question is, was it voluntary or involuntary.