Mack v. Labor & Indus. Relations Com'n

• Decision Date: 30 April 1991
• Docket Number: No. WD,WD
• Citation: 807 S.W.2d 688
• Court: Missouri Court of Appeals
• Parties: 67 Ed. Law Rep. 826 Diana MACK, Appellant, v. LABOR & INDUSTRIAL RELATIONS COMMISSION, et al., Respondents. 43246.

Page 688

807 S.W.2d 688

67 Ed. Law Rep. 826

Diana MACK, Appellant, v. LABOR & INDUSTRIAL RELATIONS COMMISSION, et al., Respondents.

No. WD 43246.

Missouri Court of Appeals,

Western District.

April 30, 1991.

Samuel I. McHenry, Kansas City, for appellant.

Sharon Willis, Kansas City, for respondent Div. of Employment Sec.

Ronald Harris, Jefferson City, for respondent Labor & Indus. Relations Com'n.

Before TURNAGE, P.J., and LOWENSTEIN and ULRICH, JJ.

ULRICH, Judge.

Diana Mack appeals the Labor & Industrial Relations Commission's (Commission) decision denying her application for unemployment compensation benefits. Ms. Mack, an employee of the Kansas City Missouri, School District (School District), applied for unemployment compensation benefits following the 1987-88 school year. The Commission determined that Ms. Mack was ineligible for benefits because the School District had provided her with reasonable assurance that her employment would continue for the 1988-89 school year. The Commission's decision is affirmed.

Diana Mack was employed by the School District as a clerical aide from October 1, 1984, until the time that this dispute arose. As a clerical aide, Ms. Mack did not have an employment contract with the School District. Rather, the School District would notify Ms. Mack during the summer following each school year of its intention to reemploy her for the upcoming school year. Under this arrangement, the School District reappointed Ms. Mack to her position as a clerical aide every school year since her employment began in 1984. However, following the 1987-88 academic year Ms. Mack applied for unemployment compensation benefits.

The payment of unemployment compensation benefits is governed by chapter 288, RSMo 1986. Section 288.040.3(1)(b), RSMo 1986, provides:

With respect to service performed in any capacity (other than instructional, research, or principal administrative capacity) for an educational institution, benefits shall not be paid on the basis of such services to any individual for any week which commences during a period between two successive academic years or terms if such individual performs such services in the first of such academic years or terms and there is a contract or a reasonable assurance that such individual will perform such services in the second of such academic years or terms;

The Missouri Division of Employment Security denied Ms. Mack's application for unemployment compensation benefits and Ms. Mack appealed this determination. On July 27, 1988, a hearing was held before an appeals referee.

At the hearing, the School District introduced evidence that on or about July 1 of every year it sends a letter providing reasonable assurance of reemployment for the upcoming academic year to each School District employee that it wishes to retain. During her testimony at the hearing, Ms. Mack acknowledged that she had received such a letter following the 1986-87 academic year. The 1987-88 academic year ended on approximately June 4, 1988, and Ms. Mack applied for unemployment compensation benefits on approximately June 7, 1988. At the hearing, the School District introduced a letter dated July 1, 1988, allegedly sent to Ms. Mack on or about July 5, 1988, notifying her of the School District's intent to reappoint her to her position as a clerical aide for the 1988-89 academic year. Ms. Mack testified at the hearing that, while she had received similar letters in previous academic years, she did not receive the letter allegedly mailed to her in July 1988.

Following the hearing, the appeals referee determined that Ms. Mack was ineligible for unemployment compensation benefits because the school district had provided her with reasonable assurance that she would be reemployed for the 1988-89 academic year. Ms. Mack appealed the referee's decision to the Labor & Industrial Relations Commission. The Commission affirmed the referee's decision and Ms. Mack appealed to the Circuit Court of Jackson County. The circuit court affirmed the Commission's determination.

On appeal to this court, Ms. Mack claims that the circuit court erred in affirming the Commission's decision because the School District failed to provide Ms. Mack with reasonable assurance of reemployment. Ms. Mack contends the definition of reasonable assurance adopted by the Commission is inconsistent with and contrary to existing law because the Commission ignored the fact that the School District failed to provide her with the same reasonable assurance that she had received in prior school years. In particular, Ms. Mack argues that the School District could not have provided her with reasonable assurance of reemployment because the evidence fails to establish that she received a letter in July like those she had received in prior years informing her of the School District's intent to reappoint her. Ms. Mack also contends that the Commission's decision is not supported by competent and substantial evidence because the School District's evidence that it sent Ms. Mack a letter expressing its intent to reemploy her for the 1988-89 academic year was hearsay.

A claimant for unemployment compensation benefits bears the burden of proving her eligibility for such benefits. Ferry v. Labor & Indus. Relations Comm'n, 652 S.W.2d 728, 729 (Mo.App.1983). When reviewing the Labor & Industrial Relations Commission's determination, this court considers the evidence in the light most favorable to the Commission's decision, together with all reasonable inferences which could be drawn therefrom to support its finding. Missouri Div. of Employment Sec. v. Labor & Indus. Relations Comm'n, 616 S.W.2d 138, 140 (Mo.App.1981).

For her first point on appeal, Ms. Mack contends that the Commission's definition of reasonable assurance is erroneous because its definition fails to require that the School...