Von Hoffman Press, Inc. v. Industrial Commission
| Decision Date | 22 February 1972 |
| Docket Number | No. 34134,34134 |
| Citation | 478 S.W.2d 403 |
| Parties | VON HOFFMAN PRESS, INC., Plaintiff-Appellant, v. The INDUSTRIAL COMMISSION of Missouri et al., Defendants-Respondents. . Louis District |
| Court | Missouri Court of Appeals |
Fordyce, Mayne, Hartman, Renard & Stribling, Harold A. Thomas, Jr., St. Louis, Martin Schiff, Jr., Clayton, James D. Eckhoff, St. Louis, for plaintiff-appellant.
Lloyd G. Poole, Jefferson City, for defendant-respondent, Industrial Comm. of Mo.
Curtis K. Cochell (Chief Counsel), Lloyd G. Hanley, Jefferson City, for defendant-respondent, Division of Employment Security.
A. L. Tidlund, Kirkwood, for defendant-respondent, Mary E. Lorenzen.
This claim for unemployment compensation was denied by the Industrial Commission. The circuit court affirmed on appeal. The employer has now appealed from the judgment of the circuit court, not because the claim was denied, but because, as it contends, the claimant should have been found disqualified rather than ineligible under provisions of the Missouri Employment Security Law (Chapter 288, RSMo 1969, V. A.M.S.) 1 If disqualified, the employer's account could not be charged with any benefits paid later to the former employee involved in the disqualifying act. Section 288.100, subd. 1(4) (a). If merely ineligible, the employer's account could be charged with benefits paid to the former employee after the period of ineligibility had expired. Section 288.100, subd. 1(1).
After the claim was filed an appeals referee conducted a hearing at which evidence was adduced by both employer and employee. The findings and decision of the referee, later adopted by the commission, now become the findings and decision of the commission for the purpose of judicial review. Section 288.200, subd. 1; Associated Grocers' Company of St. Louis, Missouri v. Crowe, Mo.App., 389 S.W.2d 395, 397(1).
In our review of the commission's award we review both the facts and the law. But as to questions of fact, our review is limited to determining whether, upon the whole record, including the reasonable inferences therefrom, the award is supported by competent and substantial evidence, and, in the absence of fraud, such findings are conclusive. Missouri Constitution of 1945, Article 5, Sec. 22, V.A.M.S.; Sec. 288.210. In applying the statutory law to the evidence, a liberal construction is required of the Employment Security Law (Sec. 288.020, subd. 2), but the disqualifying provisions of Section 288.050 must be strictly construed. Citizens Bank of Shelbyville v. Industrial Commission, Mo.App., 428 S.W.2d 895, 897(6).
In the determination of this case, the referee made findings of fact, later adopted by the commission, which succinctly summarize the evidence urged to support the decision. As recited, Mary E. Lorenzen, the claimant, worked for Von Hoffman Press, Inc., as a key-punch operator. She normally worked from 7:00 a.m. to 11:00 a.m. o'clock, five days a week. In January, 1970, and again on March 1, 1970, claimant was offered full-time work because the needs of the employer required a full-time, rather than a part-time, key-punch operator. The monthly wage offered her would have been more than she received as a part-time employee, but the part-time hourly wage would have been higher on an hourly basis. However, as a full-time employee, she would have received, in addition to her pay, benefits which included paid holidays, paid vacations and profit sharing. Claimant refused to accept the offer of full-time work because she thought she should be paid the same hourly rate for full-time that she was paid for part-time. Employer explained the higher rate was paid in order to make it worthwhile for people to work part of the time. Upon her failure to accept full-time employment, another worker was employed full time, and, when she was trained, the claimant was discharged on March 20, 1970.
It was further found by the referee that the discharge of claimant on March 20, 1970, was caused by her failure to accept full-time employment with the employer when it was offered. This was determined to be justified in view of the employer's need for a full-time employee. It was further determined that claimant's failure to accept full-time employment was not misconduct connected with her work.
The employer on appeal contends the trial court should have reversed and remanded the decision of the commission because the commission under the facts was required to find claimant 'disqualified' under Section 288.050, subd. 1 for quitting her employment voluntarily without good cause attributable to her work or her employer. Section 288.050, subd. 1(1) provides 'a claimant shall be disqualified for * * * benefits until after he has earned wages equal to...
To continue reading
Request your trial
-
Belle State Bank v. Industrial Commission Division of Emp. Sec.
...became the findings and decision of the Commission for the purpose of judicial review. § 288.200(1); Von Hoffman Press, Inc. v. Industrial Commission, 478 S.W.2d 403, 404 (Mo.App. 1972); Associated Grocers' Co. of St. Louis, Mo. v. Crowe, 389 S.W.2d 395, 397(1) (Mo.App. Before proceeding to......
-
Sokol v. Labor and Indus. Relations Com'n
...he could have signed the second contract offered by his employer is in conflict with the law as set out in Von Hoffman Press, Inc. v. Industrial Comm'n, 478 S.W.2d 403 (Mo.App.1972). In Von Hoffman Press, the court discussed the same issue: whether a discharge for failure to agree to new te......
-
Pemiscot County Memorial Hosp. v. Missouri Labor & Industrial Relations Com'n
...848 S.W.2d 603 (Mo.App.1993); Continental Research v. Labor & Indus. Rel., 708 S.W.2d 749 (Mo.App.1986); Von Hoffman Press, Inc. v. Industrial Commission, 478 S.W.2d 403 (Mo.App.1972). In Garden View, at 605-606 the court "Misconduct as used in [ § 288.050.2] has been defined as: [A]n act o......
- Ran-Starr, Inc. v. Herremans