Unemployment Compensation and the Stoppage of Work Concept - Abandoning State Neutrality by Requiring the Employer to Replace Strikers or Resume Operations during a Labor Dispute: IBP v. Aanenson

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Authors
Cisneros, Pedro L.
Issue Date
1991
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INTRODUCTION|Commentators have insisted that a delicate balance exists between a state's interest in "compensating unemployed workers and the state and federal policies requiring state neutrality in the collective bargaining process between labor and management." The denial or award of unemployment benefits during a labor dispute can greatly affect the balance of power between employer and employee. The receipt of benefits during a strike lessens the workers' economic incentives to compromise. Employers tend to accede to workers' demands because the award of benefits increases unemployment insurance rates. In recognition of this effect, each state has incorporated in its unemployment statutes labor disqualification provisions which deny unemployment benefits to those workers whose unemployment was brought about by a labor dispute. The labor dispute disqualification provisions have caused much controversy throughout the United States. A striker's eligibility for unemployment compensation benefits depends upon the language of the labor dispute disqualification provision. In Nebraska, a worker at whose place of employment a labor dispute has occurred which has caused a stoppage of work and who becomes unemployed thereby, is disqualified from receiving benefits for the duration of the work stop...
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24 Creighton L. Rev. 685 (1990-1991)
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Creighton University School of Law
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