Judge rules in favor of workers

Case stems from ’08 labor dispute

American Standard employees are entitled to unemployment benefits, the judge ruled.

STAFF REPORT

LISBON — A judge has ruled that workers at American Standard Brands are entitled to unemployment benefits stemming from a labor dispute in 2008.

Columbiana County Common Pleas Court Judge David Tobin wrote last week that the Ohio Department of Job and Family Services wrongly denied unemployment pay.

Judge Tobin said the department’s move was “unlawful.”

The period for the benefits in question was from Oct. 17, 2008, to Nov. 23, 2008.

Judge Tobin wrote that Ohio’s 7th District Court of Appeals had answered who was right in 1998.

Judge Tobin wrote, “The status quo test is simple: Which party refused to work under the pre-existing collective bargaining agreement?”

The appeals court had written that the sole test under the Unemployment Compensation Law is whether a work stoppage is the action of the employer or the employees.

He added, “Here, American Standard refused to work under the existing bargaining agreement.”

Neither United Steelworkers Local 1538 President Rick Hands nor a company spokesperson could be reached to comment.