International Steel Co. v. Review Bd. of Indiana Employment Sec. Division

• Decision Date: 10 December 1969
• Docket Number: No. 2,No. 869,869,2
• Citation: 19 Ind.Dec. 618,146 Ind.App. 137,252 N.E.2d 848
• Parties: INTERNATIONAL STEEL COMPANY, Appellant, v. REVIEW BOARD OF the INDIANA EMPLOYMENT SECURITY DIVISION, et al., Appellees. A 149
• Court: Indiana Appellate Court

Page 848

252 N.E.2d 848

146 Ind.App. 137

INTERNATIONAL STEEL COMPANY, Appellant, v. REVIEW BOARD OF the INDIANA EMPLOYMENT SECURITY DIVISION, et

al., Appellees.

No. 869 A 149.

Appellate Court of Indiana, Division No. 2.

Dec. 10, 1969.

Arthur R. Donovan, Harry P. Dees and Joseph A. Yocum, Evansville, for appellant. Kahn, Dees, Donovan & Kahn, Evansville, of counsel.

Theodore L. Sendak, Atty. Gen., Willian S. McMaster, Deputy Atty. Gen., Indianapolis, for appellee, Review Board of Indiana Employment Security Division.

Winfield K. Denton, Gary L. Gerling, Rodney H. Grove, Evansville, for appellees, Avid A. Abott, and others; Denton, Gerling & Grove, Evansville, of counsel.

APPEAL FROM DECISION OF REVIEW BOARD OF THE INDIANA

EMPLOYMENT SECURITY DIVISION

PFAFF, Chief Justice.

Appellees, Avid A. Abott and others, originally brought this action seeking to obtain benefits under the Indiana Employment Security Act by reason of their involuntary dessaton of employment with appellant corporation on February 11, 1967. In February 1967, appellees filed official Form No. 618, 'Determination of Eligibility During Labor Dispute', with the Indiana Employment Security Division, and the matter was referred to an appeals referee. Subsequent to a hearing before the appeals referee, on August 16, 1967, it was initially determined that appellees-claimants were ineligible for waiting period and benefit rights from February 11, 1967, through March 11, 1967, because claimants' unemployment was due to a work stoppage that existed because of a labor dispute. Thereafter, on July 1, 1968, subsequent to appellees' appeal to the Review Board, the decision of the appeals referee was reversed and the appellees were awarded benefits. The appellant, International Steel Company, then appealed to this court, alleging that the decision of the Review Board is contrary to law.

The recent Appellate Court decision in the case of Williamson Co. v. Review Bd. of Indiana Emp. Sec. Div. (1969), Ind.App., 250 N.E.2d 612, restated the established rule that 'this Court is not at liberty to weigh the evidence and that we must accept the facts as found' by the Review Board and other administrative agencies operating pursuant to established standards of administrative review recognized by this court. In Williamson, supra, Judge Hoffman conducted an exhaustive review of those instances of exception wherein the court is allowed the liberty of nonadherence to the facts as determined by an administrative agency. After a thorough discussion of prior decisions which established the exceptions to the general rule as stated above, Judge Hoffman, at page 616 of 250 N.E.2d, in summary set forth those exceptions as follows:

'The reviewing court may reverse the decision of the Review Board if:

'(1) The evidence on which the Review Board based its conclusion was devoid of probative value;

'(2) The quantum of legitimate evidence was so proportionately meager as to lead to the conviction that the finding does not rest upon a rational basis;

'(3) The result of the hearing before the Review Board was substantially influenced by improper considerations;

'(4) There was no substantial evidence supporting the conclusions of the Review Board;

'(5) The order of the Review Board, its judgment or finding, is fraudulent, unreasonable or arbitrary;

'(6) The Review Board ignored competent evidence;

'(7) Reasonable men would be bound to reach the opposite conclusion from the evidence in the record.'

In the case at bar, the Review Board, in reversing the appeals referee, concluded as follows:

'STATEMENT OF FACTS: The record is in agreement that the employer is engaged in the custom fabrication of steel at its Evansville, Indiana plant; that the authorized bargaining agent for the employer's production and maintenance workers is the Chauffeurs, Teamsters and Helpers Local Union No. 215, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America; that there was a collective bargaining agreement in effect between this employer and said union from July 28, 1964, to January 31, 1967 (Exhibit E--1, Tr. p. 29); that in December, 1966, a union representative contacted the employer relative to terminating the existing contract on January 31, 1967, and negotiating terms and conditions of a new agreement; that the first negotiation meeting was scheduled for and held on January 9, 1967; that during succeeding meetings, the issues were discussed and some agreed upon; that a proposal submitted by the employer on February 2, 1967, was unacceptable to the union who then offered a counter proposal (to extend the present agreement 30 days) which was unacceptable to the employer; that after 13 meetings, including the one on February 3, 1967, agreement was reached on some issues but others were yet to be resolved; that the employer notified all concerned parties on February 6, 1967, the plant would be closed on said date until further notice; that at the time the plant was closed, there was a 'heavy workload' with sufficient materials on hand to provide work for all employees; that in agreement with the union, the employer recalled 60 employees on February 20, 1967, and the balance of the approximate 360 production and maintenance employees laid off on February 6, 1967, were recalled on March 8, 1967; that the plant operated in full force until May 3, 1967, when said employees...