Bettcher v. Wyoming Department of Employment

884 P.2d 635, 1994 Wyo. LEXIS 142, 1994 WL 617105
CourtWyoming Supreme Court
DecidedNovember 9, 1994
DocketNo. 93-120
StatusPublished
Cited by2 cases

This text of 884 P.2d 635 (Bettcher v. Wyoming Department of Employment) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bettcher v. Wyoming Department of Employment, 884 P.2d 635, 1994 Wyo. LEXIS 142, 1994 WL 617105 (Wyo. 1994).

Opinion

TAYLOR, Justice.

In this consolidated appeal of contested case proceedings before an administrative agency, three claimants seek to reverse decisions of the Unemployment Insurance Commission of the Wyoming Department of Employment (Commission). The Commission determined that the claimants were ineligible or disqualified during some periods when unemployment benefits were received. The Commission found the claimants had each received money characterized as “back pay,” and in one case a “severance payment,” as a result of a negotiated settlement with an employer. The Commission ruled it could recover the amounts of overpaid unemployment benefits from the claimants. The claimants contend substantial evidence does not support the Commission’s decisions in all three cases and assert that a recent decision of this court directs a contrary result in one case.

We affirm.

[637]*637I. ISSUES

Appellants, the claimants, state one issue:

Is there substantial evidence to support the conclusion of the Unemployment Insurance Commission, Wyoming Department of Employment, that the Appellants received disqualifying income, disqualifying them from receiving unemployment compensation benefits?

Appellee, the Wyoming Department of Employment, identifies two issues:

A.
Whether the Commission’s decisions that claimants received backpay [sic] and were therefore ineligible for unemployment benefits are supported by substantial evidence and are in conformity with law?
B.
Whether the Commission’s decision that Metcalf received severance pay and is therefore disqualified from unemployment benefits is supported by substantial evidence and is in conformity with law.

II. FACTS

On October 1, 1987, Roger Bettcher (Bettcher), Ernest Roybal (Roybal), and Richard Metcalf (Metcalf) (collectively claimants) joined a strike called by the United Mine Workers of America (UMWA) against their employer, Decker Coal Company (Decker) of Big Horn County, Montana. After extensive proceedings before the National Labor Relations Board (NLRB), the NLRB ruled that Decker engaged in unfair labor practices prior to the strike. The NLRB upheld a finding of an administrative law judge that Decker must “make whole employees for any lost wages or benefits” incurred as a result of. the unilateral changes Decker made in the employees’ terms of employment after the strike began.

On June 27, 1988, the UMWA made an unconditional offer to return to work, effectively ending the strike; however, Decker did not allow the workers who had participated in the strike to return to the mine. Finally, on September 30, 1991, the UMWA and Decker reached a negotiated settlement. The terms of the settlement agreement provided: “All strikers except those noted below, shall be entitled to $35,000 in backpay [sic], less tax withholdings, for the period of time since their June 27, 1988 unconditional offer to return to work until reinstatement.”

The settlement agreement classified the workers who had participated in the strike into several categories. The material categories included: (1) the strikers who were legally entitled to be reinstated to their former positions would be reinstated by Decker and would receive $35,000.00 in “back pay” (Roy-bal); (2) the strikers who were legally entitled to be reinstated to their former positions but not reinstated by Decker would receive $100,000.00 in “back pay” and a “severance payment” (Metcalf); and (3) the strikers who were not legally entitled to be reinstated to their former positions would receive $35,-000.00 in “back pay” (Bettcher). The settlement agreement included specific mathematical formulas to calculate the amount of “back pay” or the amount of “back pay” and a “severance payment” for each category.

The claimants each signed a waiver and release agreement to receive a lump-sum payment. The waiver and release agreement signed by Bettcher and Roybal stated, in pertinent part:

I, [claimant’s name], in full and final settlement of all backpay [sic] and any other rights or remedies which I > might have with or against DECKER COAL COMPANY * * * agree to accept Thirty-Five Thousand Dollars ($35,000.00), less applicable state and federal withholding taxes.

(Emphasis added.) The waiver and release agreement signed by Metcalf stated, in pertinent part:

I, Richard R. Metcalf, hereby elect to receive a lump sum severance payment of One Hundred Thousand Dollars ($100,-000.00), less applicable state and federal withholding taxes, in lieu of any rights to employment, reinstatement, backpay [sic], or any other rights or remedies which I [638]*638might have with or against DECKER COAL COMPANY * * *.

(Emphasis added.)

Between June of 1988 when the strike effectively ended and September of 1991 when the UMWA and Decker settled their disputes, the claimants worked sporadically for other employers in Wyoming. When those positions terminated, the claimants applied for and received unemployment benefits from the Wyoming Department of Employment, Unemployment Insurance Division (Division). The claimants properly applied for the unemployment benefits and the Division distributed them in accord with its guidelines.

After the settlement, the Division determined that the $35,000.00 payments received by all three claimants from Decker constituted “back pay,” and the additional $65,000.00 received by Metcalf constituted a “severance payment.” Notices were sent to each claimant announcing the Division’s determinations. The notices declared that as a result of the “back pay” and settlements, the claimants were not eligible for some of the unemployment benefits they had received. The claimants filed administrative appeals.

On January 9, 1992, a hearing was held before an appeals examiner. The appeals examiner issued individual decisions. The appeals examiner found that the claimants received either “back pay” or “back pay” and a “severance payment”, and as a result, they were not eligible to receive some unemployment benefits. The appeals examiner determined that the Division could recover any overpaid unemployment benefits from the claimants.

On March 17, 1992, the Commission considered the claimants’ administrative appeals. The Commission noted that Bettcher and Roybal had argued that the $35,000.00 payments were settlements for the release of their rights to pursue other remedies against Decker. However, the Commission found that the plain language of the UMWA settlement agreement with Decker called for an award of “back pay.” The Commission ruled Bettcher and Roybal were not eligible to receive unemployment benefits for a three-year period from June 27, 1988 to June 26, 1991. Any unemployment benefits Bettcher and Roybal received during this time were recoverable according to the Commission.

The Commission determined that Metcalf had received $35,000.00 in “back pay” and a $65,000.00 “severance payment.” As a result of the $65,000.00 “severance payment,” Met-calf was disqualified from receiving unemployment benefits from July 3, 1988 to July 8, 1990. The Commission ruled that any unemployment benefits Metcalf received during this time were recoverable.

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Related

Gray v. Wyoming State Board of Equalization
896 P.2d 1347 (Wyoming Supreme Court, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
884 P.2d 635, 1994 Wyo. LEXIS 142, 1994 WL 617105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bettcher-v-wyoming-department-of-employment-wyo-1994.