Needham Packing Co. v. Iowa Employment Sec. Commission

Citation255 Iowa 437,123 N.W.2d 1
Decision Date16 July 1963
Docket NumberNo. 51001,51001
PartiesNEEDHAM PACKING COMPANY, d/b/a Sioux City Dressed Beef, Inc., Appellee, v. IOWA EMPLOYMENT SECURITY COMMISSION and Perry Richmond, individually, and as representing all persons composing the class of claimants, Appellants.
CourtUnited States State Supreme Court of Iowa

Don G. Allen, Des Moines, and Harry H. Smith, Sioux City, for appellants.

Shull, Marshall, Mayne, Marks & Vizintos, Sioux City, for appellee.

HAYS, Justice.

Equity action to enjoin the Iowa Employment Security Commission from paying compensation benefits to defendant Richmond and others, as provided by section 96.5(1) as amended by Chapter 112, sec. 3(3)(g), Acts 58th G.A. effective July 4, 1959. The appeal is from a judgment on the pleadings but is primarily based upon a ruling upon law points under rule 105, R.C.P., 58 I.C.A. The case rests entirely upon the pleadings.

There is no dispute as to the pleaded facts. Defendant Richmond and 190 other persons were employees of the plaintiff company. On May 11, 1961, they voluntarily left such employment and sometime between such date and July 4, 1961, filed claims with the Iowa Employment Security Commission for compensation benefits. In November 1961 the Commission held claimants voluntarily left their work without good cause attributable to their employer and were disqualified from receiving benefits unless individual claimants fall within exceptions set out in section 96.5 of the Code, I.C.A. and amendments thereto. This holding of the Commission was affirmed by the district court on July 20, 1962 and no appeal was taken.

The Commission has announced an intention to pay claimants in accord with the provisions of section 96.5 as amended by Chapter 112, section 3(3)(g), Acts 58th G.A., which became effective July 4, 1959. This amendment provided as follows: Section 96.5: 'An individual shall be disqualified for benefits: (1) Voluntary quitting. If he has left his work voluntarily without good cause attributable to his employer, if so found by the commission. But he shall not be disqualified if the commission finds that: * * * (g). He has been laid off from his most recent employing unit * * * and previous to this layoff he left work voluntarily, such voluntary leaving shall not be disqualifying if it occurred any time before ninety (90) days previous to the date he files a claim for benefits. The premature filing of a claim for benefits shall not be disqualifying after said ninety (90) day period.'

The 59th G.A. by Chapter 84, repealed above quoted division (g) of section 96.5(1) and enacted in its stead, the following:

'g. However, an individual who has left his employment without good cause attributable to his employer, * * *, shall forfeit only those credits acquired by him during that period of employment that was quit.' This became effective July 4, 1961 and is in effect today. It is plaintiff's contention that under section 96.5(1)(g), as it is now and was on July 4, 1961, claimants are not entitled to benefits to be charged against its credit fund and asks that the payments by the Commission be enjoined. The trial court granted the relief prayed and defendant Richmond has appealed.

The point of law presented is as to which amendment is applicable to the present situation. Is it the one in effect at the time the claim was filed or the one at the time the Commission intends to act thereon? While reams have been and could be written as to when a statute is to be considered as retrospective or prospective the answer is found in the intention of the legislature as expressed or as implied from what it has said thereon.

Section 4.1, Code of Iowa, I.C.A., states that 'In the construction of the statutes, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the general assembly, or repugnant to the context of the statute: 1. Repeal--effect of. The repeal of a statute does not revive a statute previously repealed, nor effect any right which has accrued, any duty imposed, any penalty incurred, or any proceeding commenced under or by virtue of the statute repealed.'

We think the intent of the legislature in the enactment of Chapter 96, Code, I.C.A., Employment Security, was to ease the burden of involuntary unemployment by the creation of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own. By section 96.5(1), persons who left their employment without good cause were disqualified for benefits. This provision was held not inconsistent with the announced purpose of the law, section 96.2. Spence v. Iowa Employment Security Commission, 249 Iowa 154, 86 N.W.2d 154. A disqualification under section 96.5(1) constituted a complete bar to anyone receiving benefits; it meant a complete loss of all credits built up by the employee even though under different employers. By the enactment of ...

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7 cases
  • Hysell v. Iowa Public Service Co.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • 28 Mayo 1976
    ...apply retrospectively. See Flake v. Bennett, 261 Iowa 1005, 1011, 156 N.W.2d 849, 853 (1968); Needham Packing Co. v. Iowa Employment Security Comm'n, 255 Iowa 437, 441, 123 N.W.2d 1, 3 (1963). Iowa statutes were presumed to be retrospective in application not only if such operation was expr......
  • Cook v. Iowa Dept. of Job Service
    • United States
    • Iowa Supreme Court
    • 17 Diciembre 1980
    ...of Job Service, 299 N.W.2d 651 (Iowa 1980). Countering this analysis, Job Service cites Needham Packing Co. v. Iowa Employment Security Commission, 255 Iowa 437, 123 N.W.2d 1 (1963). There this court stated, "The point of law presented is as to which amendment is applicable to the present s......
  • Iowa Malleable Iron Co. v. Iowa Employment Sec. Commission, 54735
    • United States
    • Iowa Supreme Court
    • 16 Marzo 1972
    ...be construed in light of those facts peculiar to each given case. See The Code 1966, Section 96.2; Needham Packing Co. v. Iowa Employment Sec. Comm., 255 Iowa 437, 440--441, 123 N.W.2d 1; Moulton v. Employment Sec. Comm., 239 Iowa 1161, 1172, 34 N.W.2d 211; Moorman Mfg. Co. v. Iowa Unemploy......
  • Berland v. Employment Sec. Dept.
    • United States
    • Washington Court of Appeals
    • 12 Septiembre 1988
    ... ... Nor is there a vested right to unemployment compensation. Needham Packing ... Co. v. Iowa Employment Sec. Comm'n, 255 Iowa 437, 123 N.W.2d ... ...
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