Opinion
Nos. 39963 through 39969
Decided June 15, 1966.
Unemployment compensation — Eligibility — Section 4141.29 (D) (2)(a), Revised Code — Compulsory retirement pursuant to union contract with employer — Retired employee not eligible for compensation, when.
APPEALS from the Court of Appeals for Summit County.
Each of the seven claimants for unemployment compensation involved herein was retired pursuant to a compulsory retirement provision of a collective bargaining agreement entered into between the employee's employer and the union on behalf of the employees. Each claimant protested his retirement, sought other employment, and is receiving social security benefits and a pension from his employer.
The claims for unemployment compensation were denied by the Bureau of Unemployment Compensation for the reason that the claimants voluntarily quit their employment without just cause.
The seven causes were appealed to the Court of Common Pleas, consolidated, and heard as one case. That court affirmed the decision of the Board of Review in each case.
The Court of Appeals affirmed the judgments of the Court of Common Pleas.
The allowance of motions to certify the records brings the causes to this court for review.
Mr. G.L. Patterson and Mr. George B. Vasko, for appellants.
Mr. William B. Saxbe, attorney general, and Mr. Ray Marchbank, for appellee Bureau of Unemployment Compensation.
The question presented is whether each of the claimants "quit his work without just cause or has been discharged for just cause in connection with his work," within the meaning of that provision as found in Section 4141.29 (D)(2)(a), Revised Code. This question is answered in the affirmative for the reasons stated in Marcum v. Ohio Match Co., 4 Ohio App.2d 95.
The judgment of the Court of Appeals in each case is affirmed.
Judgments affirmed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.