560 So. 2d 1067 | Ala. Civ. App. | 1990
Claimants filed claims for unemployment compensation. The administrative process was followed until it reached circuit court. The circuit court found in favor of claimants, finding them eligible to receive unemployment compensation under §
The facts relating to the claims are the same in each case and are undisputed.
Claimants were employed by Sullivan, Long and Hagerty, Inc., a construction contractor in Birmingham, Alabama. They were members of Local Union 498 in Gadsden, Alabama, but were working in the territory of Local Union 91 in Birmingham. They were classified as "travelers" in union language because they were working outside of the territory of their local union and within the territory of another Local. It was union custom that unemployed members of the "Local" were first entitled to any opportunities for employment within their area. Subsequent to their employment in Birmingham, claimants learned that members of Local 91 were unemployed. In order to follow union custom based upon "unwritten" agreements between Locals, claimants voluntarily quit their jobs.
Section
There can be but one reasonable conclusion from the presented facts. That is that the claimants, upon their own initiative and without any cause connected with their work, voluntarily quit their employment. Certainly the employer may not be caused to be assessed a higher rate of contribution to the compensation fund because of a custom between unions. StateDept. of Industrial Relations v. Harbin,
The foregoing opinion was prepared by Retired Appellate Judge L. CHARLES WRIGHT while serving on active duty status as a judge of this court under the provisions of section
REVERSED AND RENDERED.
All the Judges concur. *1069