Villella v. Michigan Employment Sec. Commission
| Decision Date | 26 February 1969 |
| Docket Number | No. 1,Docket No. 4858,1 |
| Citation | 167 N.W.2d 864,16 Mich.App. 187 |
| Parties | Guerino VILLELLA, Plaintiff-Appellee, v. MICHIGAN EMPLOYMENT SECURITY COMMISSION and Appeal Board of the Michigan Employment Security Commission and Detroit Steel Corporation, a Michigan corporation, Defendants-Appellants |
| Court | Court of Appeal of Michigan — District of US |
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, Edward J. Setlock, Asst. Atty. Gen., Detroit, for Michigan Employment Security Commission and Appeal Board.
William A. Coughlin, Jr., Cross, Wrock, Miller & Vieson, Detroit, for Detroit Steel Co.
Joseph J. Lozo, Ecorse, for appellee.
Before LESINSKI, C.J., and J. H. GILLIS and T. M. BURNS, JJ.
Guerino Villella, claimant, was denied unemployment compensation benefits because the Appeal Board of the Michigan Employment Security Commission found that he was discharged for 'misconduct connected with work.' Claimant then appealed to the circuit court for the county of Wayne, as provided by P.A.1967, No 254, M.C.L.A. § 421.38 (Stat.Ann.1968 Rev. § 17.540). The circuit court, on December 7, 1967, reversed the decision of the Appeal Board, finding that its decision was contrary to the great weight of the evidence.
An examination of Const.1963, art. 6, § 28, and M.C.L.A. § 421.38, Supra, indicates that the trial judge employed the wrong standard of review, and should have reversed the Appeal Board only if the Board's decision was not supported by competent, material, and substantial evidence on the whole record. See Williams v. Lakeland Convalescent Center, Inc. (1966), 4 Mich.App. 477, 145 N.W.2d 272. An examination of the records and briefs discloses that the decision of the Appeal Board was supported by competent, material and substantial evidence.
Reversed and remanded for reinstatement of the decision of the Michigan Employment Security Commission Appeal Board. No costs, a public question being involved.
To continue reading
Request your trial
-
Hillsdale Community Schools v. Michigan Labor Mediation Bd., Docket No. 6697
...We are bound by this determination as it is supported by competent, material and substantial evidence. Villella v. Employment Security Commission (1969), 16 Mich.App. 187, 167 N.W.2d 864; Williams v. Lakeland Convalescent Center (1966), 4 Mich.App. 477, 145 N.W.2d 272. PSA is a labor organi......
-
Gunderson v. Rose Hill Realty
...substantial evidence on the whole record. Williams v. Lakeland Convalescent Center, Inc, 4 Mich App 477 (1966); Villella v. Employment Security Comm, 16 Mich App 187 (1969); Diepenhorst v General Electric Co, 29 Mich App 651 (1971); Const 1963, art 6, Sec. 28; MCLA 421.38; MSA 17.540." 43 M......
-
King v. Calumet & Hecla Corp. (Calumet Division)
...whole record. Williams v. Lakeland Convalescent Center, Inc., 4 Mich.App. 477, 145 N.W.2d 272 (1966); Villella v. Employment Security Commission, 16 Mich.App. 187, 167 N.W.2d 864 (1969); Diepenhorst v. General Electric Co., 29 Mich.App. 651, 185 N.W.2d 637 (1971); Const.1963, art. 6, § 28; ......
-
Diepenhorst v. General Elec. Co., Docket No. 8616
...evidence. Const.1963, art. 6, § 28; M.C.L.A. 1970 Cum.Supp. § 421.38 (Stat.Ann.1968 Rev. § 17.540); Villella v. Employment Security Commission (1969), 16 Mich.App. 187, 167 N.W.2d 864. Reviewing the entire record this Court concludes that the misconduct charge is not supported by competent ......