RUBEROID CO. v. CALIFORNIA UNEMPLOYMENT INS. APP. BD.

Docket No. L.A. 26914.

59 Cal.2d 73 (1963)

378 P.2d 102

27 Cal. Rptr. 878

THE RUBEROID COMPANY, Plaintiff and Respondent, v. CALIFORNIA UNEMPLOYMENT INSURANCE APPEALS BOARD et al., Defendants and Appellants.

Supreme Court of California. In Bank.

January 31, 1963.


Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, and Herschel T. Elkins, Deputy Attorney General, for Defendants and Appellants.

Charles P. Scully as Amicus Curiae on behalf of Defendants and Appellants.

Paul, Hastings, Janofsky & Walker and Dennis H. Vaughn for Plaintiff and Respondent.

Gibson, Dunn & Crutcher and Willard Z. Carr, Jr., as Amici Curiae on behalf of Plaintiff and Respondent.


TOBRINER, J.

We face the question in this case whether the statutory provision as to "a trade dispute" bars the collection of unemployment insurance by a striking employee whom the employer has discharged and permanently replaced. We hold that since the permanent replacement at once prevents any choice or volition on the part of the worker to return to the job and since it severs the trade dispute as the cause of the unemployment, the disqualification of the section...

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