Goodwin v. Employment Division, 77-P-3745
Decision Date | 17 May 1978 |
Docket Number | No. 77-P-3745,77-P-3745 |
Citation | 581 P.2d 115,35 Or.App. 299 |
Parties | Susan B. GOODWIN, Petitioner, v. EMPLOYMENT DIVISION, Respondent. ; CA 10020. . Submitted on record and petitioner's brief |
Court | Oregon Court of Appeals |
Keith A. Mobley, The Dalles, filed the brief for petitioner. With him on the brief was Phipps, Dunn & Mobley, The Dalles.
No appearance for respondent.
Before SCHWAB, C. J., and LEE, RICHARDSON and JOSEPH, JJ.
Petitioner seeks reversal of a decision of the Employment Appeals Board (Board) denying her unemployment benefits. The issue is whether there is substantial evidence to support the Board's determination that petitioner committed misconduct in connection with her work, ORS 657.176(2)(a), 1 so as to disqualify petitioner from unemployment benefits. ORS 183.482(8)(d).
Initially, petitioner's claim for benefits was denied and she requested a hearing. The hearings referee set aside the administrator's decision and allowed benefits. An agent of the employer then sought review by the Board. The Board reversed the referee and found that petitioner was disqualified because of misconduct connected with work. ORS 657.176(2)(a).
Although the members of the Board agreed upon the facts, they issued three separate opinions regarding their legal significance. One Board member's decision was that petitioner had been insubordinate and was, therefore, disqualified from benefits on the basis of misconduct alone. A second member concurred in this decision but also found the discharge to be due to a Course of misconduct (including a record of tardiness), rather than a single instance of misconduct. The third member dissented on the ground that a single instance of misconduct was insufficient to disqualify claimant from benefits. Petitioner then filed her petition for judicial review.
The facts, with which all Board members agreed, are as follows:
Although it is not mentioned in the findings, testimony had also been received regarding petitioner's record of tardiness. In general, however, the assistant manager stated that petitioner did a good job at work and she had never heard petitioner talk loudly other than that day. Further, the assistant manager testified that she and petitioner were both upset on the day petitioner was discharged. The assistant manager explained that she was upset because she doesn't like "tattletalers" (sic). Petitioner was upset because the employee conflict was not being resolved and she wanted to talk to the manager. The whole incident occurred in approximately 15 to 20 minutes.
A basic tenet of unemployment compensation is that the reserves set aside are to be used to benefit ...
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...To support this, Blueshield cites Windsperger v. Broadway Liquor Outlet, 346 N.W.2d 142, 145 (Minn.1984); Goodwin v. Employment Division, 35 Or.App. 299, 581 P.2d 115, 117 (1978); and Geraths v. Employment Division, 24 Or.App. 1066, 544 P.2d 1066 (1976). 3 We have recently held, however, th......
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DOUBLE K KLEANING v. Employment Dept.
...brief review of the cases, beginning with those in which the court awarded benefits, provides useful context. In Goodwin v. Emp. Div., 35 Or.App. 299, 304, 581 P.2d 115 (1978), an employee persistently extended an argument with her supervisor after the supervisor told her to "shut up." We h......
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Johnson v. Employment Dept.
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Perez v. Employment Dept., EAB No. 98-AB-2491; CA A104860
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