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EASTERN AIR LINES, INC. v. STATE, DEPT. OF LABOR BD. OF REVIEW

246 N.J. Super. 523 (1991)

588 A.2d 396

EASTERN AIR LINES, INC., PLAINTIFF-APPELLANT/CROSS-RESPONDENT, v. STATE OF NEW JERSEY, DEPARTMENT OF LABOR BOARD OF REVIEW, JUDY T. PETZOLDT AND 218 OTHER RESPONDENTS LISTED ON SCHEDULE A, DEFENDANTS-RESPONDENTS/CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 11, 1991.

Attorney(s) appearing for the Case

Maurice J. Baumgarten admitted pro hac vice argued the cause for appellant/cross-respondent (Maurice J. Baumgarten and Jo Ann Burk of Cuyler, Burk & Matthews, attorneys; Maurice J. Baumgarten and Jo Ann Burk on the brief and reply brief).

Mark Richard admitted pro hac vice argued the cause for respondents/cross-appellants Judy T. Petzoldt and 218 other respondents (Mark Richard and Jesse Strauss of Reitman, Parsonnet & Duggan, attorneys; Messrs. Mark Richard and Jesse Strauss on the brief).

Robert J. Del Tufo, Attorney General, attorney for respondent/cross-appellant Board of Review (Ellen A. Reichart, Deputy Attorney General, submitted a Statement In Lieu of Brief on behalf of Board of Review).

Before Judges PRESSLER, DEIGHAN and ARNOLD M. STEIN.

The opinion of the court was delivered by PRESSLER, P.J.A.D.

This unemployment compensation case involves the claims of 218 Newark-based flight attendants employed by respondent Eastern Airlines, Inc., who stopped work on March 4, 1989. Their initial individual claims were denied pursuant to N.J.S.A. 43:21-5(d), which disqualifies an employee whose unemployment is due to a work stoppage caused by a labor dispute which the employee finances, participates in...

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