CONRAD v. MAINE UNEMPLOYMENT INSURANCE COMMISSION, 492 A.2d 888 (Me. 1985)

Larry CONRAD, et al.[1] v. MAINE UNEMPLOYMENT INSURANCE COMMISSION[2] and Billen Shoe Company, Inc.

Supreme Judicial Court of Maine.Argued November 11, 1984.
Decided May 15, 1985.

[1] The other plaintiffs are Eugene Campbell, Paul Campbell, Walter Fogg, Jean Michaud, Cathy Michaud, Ronald Parker, Shirley Parker, Stephen Campbell and Robert Drouin.

[2] At the commencement of this action in the Superior Court the Maine Unemployment Insurance Commission was known as the Maine Employment Security Commission. The name was changed through P.L. 1983, c. 351 § 41. See 26 M.R.S.A. § 1081 (Supp. 1984). Also, the plaintiffs filed this action before an amendment to 26 M.R.S.A. § 1194(8) that now requires that the Commissioner of Labor be made a party defendant in any appeal to the courts.

Appeal from the Appeal from Superior Court, Androscoggin County.

John R. Lemieux (orally), Legal Services of Maine, Portland, for plaintiff.

Mary Lou Dyer (orally), Pamela W. Waite, Asst. Attys. Gen., Augusta, for Maine Unemployment Sec. Com’n.

Brann Isaacson, Alfred C. Frawley (orally), Stuart J. Novick, Lewiston, for Billen Shoe Co.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, VIOLETTE, WATHEN and SCOLNIK, JJ.

MEMORANDUM OF DECISION.

The Maine Unemployment Insurance Commission disqualified the plaintiffs from receiving unemployment compensation because it determined that their former employer, Billen Shoe Company, Inc., had discharged them for misconduct. See 26 M.R.S.A. § 1193(2) (Supp. 1984). The plaintiffs appeal from an order of the Superior Court, Androscoggin County, affirming the decision of the Commission. The Court is evenly divided on the question whether the decision of the Commission is correct.

Accordingly, the entry is:

By an evenly divided Court, judgment affirmed.

All concurring.