Balding v. Tennessee Department of Employment Security

370 S.W.2d 546, 212 Tenn. 517, 16 McCanless 517, 1963 Tenn. LEXIS 445
CourtTennessee Supreme Court
DecidedSeptember 11, 1963
StatusPublished
Cited by8 cases

This text of 370 S.W.2d 546 (Balding v. Tennessee Department of Employment Security) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Balding v. Tennessee Department of Employment Security, 370 S.W.2d 546, 212 Tenn. 517, 16 McCanless 517, 1963 Tenn. LEXIS 445 (Tenn. 1963).

Opinion

Mb. Justice White

delivered the opinion of the Court.

This cause involves the claims for unemployment compensation benefits of former employees of Wilson & Company whose employment was terminated when that company closed its Chattanooga plant on September 30,1960. On or about that date the appellants were paid severance pay in accordance with a contract then in force between United Packing House Workers of America and- Wilson & Company. The amount paid, the number of weeks covered, and the identity of the persons paid are part of the record, of which it is unnecessary to make note.

The appellants then filed application for benefits under the Tennessee Employment Security Law, T.C.A. sec. -50-1301, et seq., as amended (Supp.1962).

An administrative decision by the Unemployment Compensation Division, approved the claims of appel[519]*519lants subject to disqualification during the period severance payments were due. The decision was based on T.O.A. secs.. 50-1313, 1315 and 1324, as amended (Supp. 1962).

The Chief Appeals Referee affirmed this decision and made findings of fact. The Board of Review of the Tennessee State Department of Employment Security affirmed the Referee’s decision and adopted his findings of fact. ■

On certiorari to the Chancery Court a final decree was entered dismissing the petition and affirming the findings and decision of the Board of Review and the Chief Appeals Referee.

The appellants have appealed to this Court and assigned errors.

The contract between appellants’ collective bargaining agent, the union aforesaid, and the company provides for severance pay under 89. (A) of the contract then in effect, viz.: ‘ ‘ Severance allowances shall be paid to employees having one (1) or more years of continuous service in accordance with the seniority provisions hereof who are permanently dropped from the service because of a reduction in forces arising out of the closing of a department or an entire plant * * * ”

Sub-section (B) of 89 provides that severance allowance's are not paid to employees with less than one year’s continuous service; to employees laid off in gang reduction; in cases where employee was discharged for cause ; in cases of voluntary resignation; and to employees who refuse an offer of employment by the company in another unit of its business.

[520]*520The method of computing severance pay is also set out in the agreement. If the amount due is less than the equivalent of four weeks’ pay, the same shall be paid in one lump sum. If the amount due is in excess of the equivalent of four weeks’ pay, the same shall be paid in weekly installments of full wages until the total amount is exhausted. However, “the employee, at his option, may elect to receive such amount in a shorter period of time in one lump sum.” It is also provided “in the event of death, any unpaid balance shall be paid to the employee’s next of kin or legal heirs.”

As to the facts of the case the parties seem to be in agreement as set out above. On the basis of these facts, the Eeferee, the Board of Eeview, and the Chancellor have ruled, as law, that the appellants’ severance pay was allocable to the period next following their release. They further held that the appellants would be entitled to unemployment benefits only after a number of weeks had passed, determined by dividing the total severance pay of each individual by his regular pay for a forty-hour week at the time of his release.

These decisions were based upon the interpretation of the contract and the provisions of the Tennessee Employment Security Law, supra.

In general, they hold that to be entitled to unemployment benefits' the appellants had to be “unemployed” for the weeks in question in terms of T.C.A. sec. 50-1313 and that they were not “unemployed” because they were disqualified by one or more of the provisions of T.C.A. sec. 50-1315 and/or sec. 50-1324.

T.C.A. sec. 50-1313 provides, by way of definition, that one is:

[521]*521“ ‘unemployed” in any week during wliicli lie performs no services and witli respect to which no wages are payable to him * * *. (emphasis supplied)

The appellees contend that the “severance pay” is “wages” as defined by T.C.A. sec. 50-1315:

“ ‘Wages’ means all remuneration paid for personal services * * * ‘wages’ shall always include remuneration * * * if the employing unit for which such services are performed is liable for any federal tax * * * against which credit may be taken for contributions paid under this chapter * * *. (emphasis supplied)

They further contend that the fact that the appellants received these “wages” after the severance date necessarily disqualifies them for benefits until the time period for severance pay runs out. We do not agree.

“In the second section of the Unemployment Compensation Act the Legislature expressly declares that the purpose of the measure is ‘the benefit of persons unemployed through no fault of their own. ’ And it is the province of the Court so to construe this Act as to effect its declared purpose. ’’ Queener v. Magnet Mills, Inc., 179 Tenn. 416, 423, 167 S.W.2d 1, 4 (1942).

The key words of T.C.A. sec. 50-1313 are, as emphasized supra, “and with respect to which.” In the words of the Louisiana Court of Appeals in a similar case:

“This case turns upon the interpretation of the words ‘with respect to’ as used in the above statutory provision. [the same as T.C.A. sec. 50-1313]. In other words, what was the severance pay for?” George v. Brown, 144 So.2d 140, 142 (1962).

The phrase relates logically to “week” and “personal services.” It is admitted that the appellants, in the in-[522]*522slant case, performed no services during any week after the severance. In fact, the “severance pay” is not “with respect to” the performance of any additional personal services at any time. It is “with respect to” the number of years continuous satisfactory service with the company prior to the severance.

It is irrelevant whether “severance pay” is characterized as “wages” so long as it is “wages” paid “with respect to” personal services performed in the weeks and years prior to the severance.

The employment Contract provides that the amount of “severance pay” is to be determined by multiplying a number, in weeks, based upon the number of years continuous service, times the individual’s regular pay for forty hours of work at the time he is released.

The fact that the number is designated in weeks does not mean that these weeks were “with respect to” the period of time after the severance date. It is just a convenient method of computing the amount of severance pay. See George v. Brown, supra, 144 So.2d at 143.

The contract made the right to such severance pay contingent on conditions necessarily determined as of and prior to the severance date.

Initially, there was a condition precedent to the employee having any such right. (1) The employee had to have at least one year or more continuous service with the company and then he had a contingent right.

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Bluebook (online)
370 S.W.2d 546, 212 Tenn. 517, 16 McCanless 517, 1963 Tenn. LEXIS 445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balding-v-tennessee-department-of-employment-security-tenn-1963.