Unemployment Insurance
![handle is hein.journals/waynlr27 and id is 1039 raw text is: UNEMPLOYMENT INSURANCE
JOHN C. CLAYA'-
CONTENTS
I. STATUTE OF LIMITATIONS ........................... 1023
II. BOARD OF REVIEW RULES OF PRACTICE ............... 1025
III. DISQUALIFICATION FOR BENEFITS -VOLUNTARY
LEAVING PROVISION ............................... 1028
IV. JURISDICTION OF REFEREE ........................... 1031
I. STATUTE OF LIMITATIONS
Prior to the amendment of section 62(a) of the Michigan Employ-
ment Security Act, there was nothing in the Act that purported to be a
statute of limitations; however, section 62(a) has now been amended
to include such a provision.'
In 1974, the Dow Chemical Company and Local 12075 of the
United Steelworkers of America became engaged in a long, sometimes
bitter, strike. Subsequent to the commencement of that strike, literally
thousands of the strikers applied for unemployment benefits. A
blanket disqualification was imposed upon the strikers on the basis of
the labor dispute disqualification provision of the Act.2 The majority
tPartner, Kasoff, Young, Gottesman, Kovinsky, Friedman & Walkon, P.C.
Member of the Michigan Bar; B.A., 1968 University of Michigan; J.D., 1974 Detroit
College of Law.- ED.
1. MICH. CoMP. LAWs ANN. § 421.62(a) (1978), as amended by No. 133,
[1977] Mich. Pub. Acts, now reads in pertinent part:
The commission shall not recover improperly paid benefits from an in-
dividual more than 3 years after the date of receipt of the improperly paid
benefits unless: (1) a collection suit is filed in a court by the commission
within the 3-year period, or (2) the individual has made an intentional false
statement, misrepresentation or concealed material information to obtain
the benefits, or (3) a determination requiring restitution has been issued by
the commission within the 3-year period.
2. Id. § 421.29(8) (1978) provides:
An individual shall be disqualified for benefits for any week with respect to
which his total or partial unemployment is due to a labor dispute in active
progress, or to shutdown or start-up operations caused by that labor dispute,
in the establishment in which he is or was last employed or to a labor dispute,
other than a lockout, in active progress, or to shutdown or start-up opera-
tions caused by that labor dispute, in any other establishment within the
United States which is functionally integrated with the establishment and is
operated by the same employing unit.
1023](ViewImageLocal?handle=hein.journals/waynlr27&div=43&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Unemployment Insurance
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most