ProServe Corp. v. Rainey, 950125
Decision Date | 29 August 1995 |
Docket Number | No. 950125,950125 |
Citation | 536 N.W.2d 373 |
Parties | PROSERVE CORPORATION, Petitioner and Appellee, v. Jamesetta N. RAINEY, Respondent, and Job Service North Dakota, Respondent and Appellant. Civ. |
Court | North Dakota Supreme Court |
Douglas R. Herman, of Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd, Fargo, for petitioner and appellee.
Douglas A. Bahr, Asst. Atty. Gen., Atty. General's Office, Bismarck, for respondent and appellant.
Job Service North Dakota appealed from a judgment reversing its award of unemployment compensation benefits to Jamesetta N. Rainey. We agree with the district court's conclusion that Rainey's conduct resulting in her discharge from employment with ProServe Corporation constituted disqualifying misconduct, and we affirm.
In July 1994 Rainey was employed by ProServe as a fulltime mess attendant at the Minot Air Force Base. Rainey's duties included cashiering, washing pots and pans, and preparing and serving food. Terraseta Lesmeister, a coworker, was also a mess attendant. On July 18, 1994, Rainey and Lesmeister were terminated from employment for fighting on the job the previous day. Rainey applied for unemployment benefits; Lesmeister did not.
After an initial Job Service determination that Rainey was terminated for misconduct disqualifying her for benefits, Rainey appealed. The appeals referee conducted a hearing at which Rainey and ProServe's president and project manager testified. The referee determined that Rainey was entitled to benefits:
Job Service affirmed the referee's decision, and ProServe appealed to the district court. The court reversed Job Service's decision, reasoning:
Our review of a Job Service decision is governed by N.D.C.C. Sec. 28-32-19 of the Administrative Agencies Practice Act, which requires us to affirm the agency decision if: (1) its findings of fact are supported by a preponderance of the evidence; (2) its conclusions of law are sustained by the findings of fact; and (3) its decision is supported by the conclusions of law. Kempel v. Job Service of North Dakota, 531 N.W.2d 311 (N.D.1995). We review the decision of Job Service, not the district court, id., although here we agree with the district court's decision.
A person discharged for misconduct under N.D.C.C. Sec. 52-06-02(2) is disqualified from receiving unemployment benefits. Marion v. Job Service North Dakota, 470 N.W.2d 609 (N.D.1991). Although not statutorily defined, the term "misconduct" is defined in our case law:
" "
Perske v. Job Service North Dakota, 336 N.W.2d 146, 148-149 (N.D.1983) (quoting Boynton Cab Co. v. Neubeck, 237 Wis. 249, 296 N.W. 636, 640 (1941)).
Whether an employee's behavior is misconduct depends in part on the nature of the work and presents a mixed question of fact and law. Holiday Inn v. Karch, 514 N.W.2d 374 (N.D.1994). Our review of a mixed question of fact and law involves a determination of whether the evidence supports the agency's findings of fact and, in turn, whether those findings of fact sustain the agency's conclusion. Medcenter One, Inc. v. Job Service North Dakota, 410 N.W.2d 521 (N.D.1987). On disputed facts, we defer to the agency's findings and consider only whether a reasoning mind could have reasonably determined that the factual conclusions were proved by a preponderance of the evidence. Hins v. Lucas Western, 484 N.W.2d 491 (N.D.1992). When the agency's conclusion of law regarding misconduct is based on undisputed facts and contradictory inferences cannot reasonably be drawn from the undisputed facts, we review that conclusion anew. Hulse v. Job Service North Dakota, 492 N.W.2d 604 (N.D.1992).
According to Rainey, the incident occurred while she was training a new employee in the presence of Lesmeister and their supervisor, Gladys Stevens. Raymos and Rock, Air Force cooks, also became involved. Rainey testified:
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