Barnes v. Employment Security Board of Review

The opinion of the court was delivered by This appeal arises from judicial review of an administrative determination made by the Employment Security Board of Review (board). (K.S.A. 1971 Supp. 44-709 [i].) Irene R. Barnes and 65 other appellants (claimants) have challenged the judgment of the district court affirming the findings and conclusions of the board that their unemployment at appellee Inter-Collegiate Press' plant (company) was occasioned by a work stoppage from a labor dispute in which they participated and that they were disqualified from the receipt of unemployment benefits pursuant to K.S.A. 1971 Supp. 44-706 (d). Seeking reversal, the claimants contend there was no substantial evidence to support the findings and conclusions of the board. At the outset, this court's scope of review of employment security cases is limited by K.S.A. 1971 Supp. 44-709 (i) which reads in pertinent part: . . . In any judicial proceeding under this section, the findings of the board as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of said court shall be confined to questions of law. . . .