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27 Wayne L. Rev. 1023 (1980-1981)
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