Cecil Smittle, et al. v. Cathy S. Gatson, Clerk of the Circuit Court of Kanawha County; the Board of Review of the West Virginia Department of Employment Security; and Contractors Supply, Inc., No. 22912 (W. Va. December 8, 1995) (McHugh, C.J.): 195 W.Va. 416, 465 S.E.2d 873:
In a case dealing with unemployment compensation benefits for workers who agree to work under an expired collective bargaining agreement pending negotiation of a new agreement, the Court held (1) if an employer's proposed change(s) to a collective bargaining agreement are unfavorable to its employees, then the employer is deemed to be trying to "force wage reduction" under W. Va. Code § 21-6-3(4), and (2) employees are entitled to unemployment benefits under W. Va. Code § 21A-6-3(4) where an employer rejects continuing an expiring contract for a reasonable time to "force wage reduction, change in hours or working conditions."
Ted Philyaw, Administrative Director of the Courts v. Cathy S. Gatson, Clerk of the Circuit Court of Kanawha County, the Board of Review of the West Virginia Department of Employment Security, and Joyce Purkey, No. 22866 (W. Va. December 7, 1995) (Recht, J.): 195 W.Va. 474, 466 S.E.2d 133:
Reversing the award of unemployment compensation benefits to a magistrate clerk who had resigned to become a candidate for circuit clerk, the Court held that when a judicial employee resigns to become a candidate for a nonjudicial office, the resignation constitutes leaving work "voluntarily without good cause involving fault on the part of the employer," thereby disqualifying the employee from receiving unemployment compensation benefits under W. Va. Code § 21A-6-3(1).
Ronald Davis, et al. v. Cathy S. Gatson, Clerk of the Circuit Court of Kanawha County; the Board of Review of the West Virginia Department of Employment Security; and Corhart Refractories Corporation, No. 22859 (W. Va. November 17, 1995) (McHugh, C.J.): 195 W.Va. 143, 464 S.E.2d 785:
Reversing an order disqualifying workers from receiving unemployment compensation benefits during a two-week plant shutdown during which they received their full pay by using accrued vacation leave, the Court held that such workers are not disqualified from receiving benefits where the employer's statutory 90-day notice of mandatory vacation is not "unequivocal."
Elmira G. Lemasters v. Cathy S. Gatson, Clerk of the Circuit Court of Kanawha County; the Board of Review of the West Virginia Department of Employment Security; and the West Virginia Society for the Blind, No. 22380 (W. Va. May 19, 1995) (Fox, J.): 193 W.Va. 676, 458 S.E.2d 613:
Where employer, West Virginia Society for the Blind, as a designee of the Division of Vocational Rehabilitation under W. Va. Code § 18-10-G-2(j), was exempt from participation in the unemployment compensation fund under W. Va. Code § 21A-1-3(11)(iv), the Court held that its employee, who was terminated from her employment, was not eligible for unemployment compensation benefits.
Sharon D. Adkins v. Cathy S. Gatson, Clerk of the Circuit Court of Kanawha County; the Board of Review of the West Virginia Department of Employment Security; and the Raleigh County Board of Education, No. 22308 (W. Va. December 21, 1994) (Cleckley, J.): 192 W.Va. 561, 453 S.E.2d 395:
Affirming the denial of unemployment compensation to a school service employee who was not offered customary work during the summer, the Court held (1) W. Va. Code § 21A-6-15(b) prohibits unemployment benefits during the summer months for school service personnel who performs services in the first academic year or term and is offered a contract or has a reasonable assurance of work in the succeeding academic year or term; (2) in order to avoid this prohibition, the school service employee must prove the existence of an explicit and valid contract or some other definite behavior of the employer establishing a continuing contractual relationship; and (3) although findings of fact of the board of review are entitled to substantial deference, its conclusions of law are subject to de novo review.
Larry Davenport v. Cathy S. Gatson, Clerk of the Circuit Court of Kanawha County; the Board of Review of Employment Security; Andrew N. Richardson, Commissioner of the West Virginia Department of Employment Security; and Fayette County Board of Education, No. 22222 (W. Va. November 2, 1994) (Miller, J.): 192 W.Va. 117, 451 S.E.2d 57:
In a case involving the eligibility of substitute teachers for unemployment compensation benefits, the Court held that a substitute teacher who has a contract or reasonable assurance of employment as a substitute teacher for the following school year is not eligible for unemployment benefits for the summer preceding such school year.
David Allen Roberts v. Cathy S. Gatson, Clerk of the Circuit Court of Kanawha County; the Board of Review of the West Virginia Department of Employment Security; Richard E. Tyson, as Chairman; J.K. Chase, Jr., and C.C. Elmore, Jr., as Members; Adna Thomas, as Commissioner; and PPG Industries, Inc., No. 19359 (W. Va. February 23, 1990) (Miller, J.): 182 W.Va. 764, 392 S.E.2d 204:
In affirming denial of unemployment compensation benefits to striking employees, the Court held that such employees failed to meet any of the three statutory criteria that would have entitled them to benefits: (1) that they were required to accept wages, hours or working conditions less favorable than those prevailing for similar work in the area; (2) that they were denied the right of collective bargaining under generally prevailing conditions; and, (3) that they were locked out or dismissed in order to force changes in wages, hours or working conditions. In order to determine whether the terms of employment at issue are substantially less favorable than prevailing conditions, the Court held that the wages, hours, and working conditions of similar places of employment in the locality must be compared to the employer's last offer before the work stoppage. In order to determine whether the employees have been denied their right to collective bargaining, the Court held that the events complained of must be connected with collective bargaining negotiations, such as those mandatory subjects that form the basis of the collective bargaining agreement, refusal to sign a written agreement that has been duly negotiated, or failure to furnish requested information that is essential to the collective bargaining process.