California, United States of America
The following excerpt is from Martinez v. California Unemployment Ins. Appeals Bd., 206 Cal.App.3d 1385, 254 Cal.Rptr. 461 (Cal. App. 1988):
Exercising our independent analysis, we conclude that the facts establish appellants left their employment because of the trade dispute, and not simply during the course of a trade dispute. (See Bunny's Waffle Shop v. Cal. Emp. Com. (1944) 24 Cal.2d 735, 740, 151 P.2d 224.) Appellants left work on June 23 with the apparent intention of returning to work the next [206 Cal.App.3d 1391] day. It was only after appellants observed the picket line at the Moorpark plant when reporting for work on June 24 that they decided not to cross it. The appellants at the Nipomo plant also worked through June 23, 10 days after Egg City employees began to receive their reduced paychecks on June 13. Appellants' unemployment therefore was caused by their own act (the volitional test) and was the direct result of a trade dispute by joining the picket line or striking (the causational test).
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