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AMICO v. BD. OF REV., DIV. OF EMP. SEC.

49 N.J. 159 (1967)

228 A.2d 865

SAMUEL S. AMICO, ET AL., CLAIMANTS-APPELLANTS, v. BOARD OF REVIEW, DIVISION OF EMPLOYMENT SECURITY, DEPARTMENT OF LABOR AND INDUSTRY, STATE OF NEW JERSEY, AND GENERAL ELECTRIC COMPANY, RESPONDENTS.

The Supreme Court of New Jersey.

Decided March 27, 1967.

Attorney(s) appearing for the Case

Mr. George L. Pellettieri argued the cause for claimants-appellants (Messrs. Pellettieri and Rabstein, attorneys; Mr. Irving Abramson, Miss Ruth Weyand, Mr. Melvin Warshaw, and Miss Marilyn G. Rose, of the District of Columbia bar, of counsel).

Mr. Edward A. Kaplan argued the cause for respondent, Board of Review, etc.

Mr. Julius B. Poppinga argued the cause for respondent, General Electric Company (Mr. Merritt Lane, Jr., of counsel; Mr. John R. Drosdick, on the brief; Messrs. McCarter and English, attorneys).

The opinion of the court was delivered by WEINTRAUB, C.J.

This appeal involves some 150 claims for unemployment compensation. The Board of Review, one member dissenting, found the claims were barred by the labor-dispute disqualification provision in N.J.S.A. 43:21-5(d). In addition, the Board of Review considered whether, notwithstanding their ultimate defeat upon the merits before the Board, the employees should be paid under N.J.S.A. 43:21-6(b)(1)...

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