Markle E. Daniel v. Industrial Commission

STEWART, Justice: Plaintiffs seek judicial review of the decision of the Board of Review of the Industrial Commission of Utah
denying unemployment compensation benefits during a selective labor strike, followed by an industry-wide lockout from April
1, 1979, through April 14, 1979. The Board adopted the findings of fact and Conclusions of law and affirmed the decision of
the appeal referee who found that the unemployment was "due to a stoppage of work which existed because of a strike involving
[plaintiffs'] grade, class, or group of workers." The Board accordingly denied unemployment compensation benefits. On this appeal, brought pursuant to § 35-4-10(i) Utah Code Ann. (1953), as amended, plaintiffs seek a reversal
of the denial of unemployment compensation benefits. Claiming conduct of management, rather than labor, to be the fundamental
cause of both the strike and lockout, plaintiffs contend that all idled employees, both the striking and the locked-out employees,
are entitled to compensation. Plaintiffs also claim that even if management was not responsible for the initial strike, benefits
should have been granted those employees who did not strike but were locked out by their employers. Finally, plaintiffs claim
that the criteria used for granting or denying unemployment compensation benefits violated their equal protection and due
process rights.