Board of Education of St. Louis v. Labor & Industrial Relations Commission, Division of Employment Security

633 S.W.2d 126, 1982 Mo. App. LEXIS 2914
CourtMissouri Court of Appeals
DecidedMarch 2, 1982
DocketNo. 32643
StatusPublished
Cited by15 cases

This text of 633 S.W.2d 126 (Board of Education of St. Louis v. Labor & Industrial Relations Commission, Division of Employment Security) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Education of St. Louis v. Labor & Industrial Relations Commission, Division of Employment Security, 633 S.W.2d 126, 1982 Mo. App. LEXIS 2914 (Mo. Ct. App. 1982).

Opinion

LOWENSTEIN, Judge.

This is an appeal from the circuit court’s reversal of the decision of the Labor and Industrial Relations Commission (Commission) to grant claimant-appellant Lorraine Kimbrow (claimant) unemployment benefits under the Missouri Employment Security Law, Chapter 288, RSMo 1978.1

The circuit court judgment is affirmed.

The facts here are undisputed, thus the primary question in this case is one of law, to-wit: is a non-permanently certified substitute teacher who accepts employment pursuant to a temporary teaching certificate of a fixed term eligible for unemployment benefits under Chapter 288 when that term expires?

The sections of Chapter 288 that are applicable here include § 288.050, which read in pertinent part:

Benefits denied unemployed workers, when — 1. Notwithstanding the other provisions of this law a claimant shall be disqualified for waiting week credit or benefits until after he has earned wages equal to ten times his weekly benefit amount if the deputy finds
(1) That he has left his work voluntarily without good cause attributable to his work or to his employer,
******
2. Notwithstanding other provisions of this law, if a deputy finds that a claimant has been suspended or discharged for misconduct connected with his work, such claimant, depending upon the seriousness of the misconduct as determined by the deputy according to the circumstances in each case, shall be disqualified for waiting week credit or benefits for not less than one nor more than sixteen weeks for which he claims benefits and is otherwise eligible. (Emphasis added.)
******

In addition to these disqualification sections, § 288.020.1 declares that the general purpose of the Missouri Employment Security Law is to provide for the “compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own.” (Emphasis added).

The claimant, Lorraine Kimbrow, was employed by the respondent, St. Louis Board of Education (Board) as a substitute school teacher in the 1978-1979 school year. During that year, claimant did not have a permanent teaching certificate, but had only a temporary certificate from the State Board of Education which allowed her to teach 45 days during the school year.2 At the request of the St. Louis Board, the State Board granted claimant a 45 day extension of her temporary certificate. At the end of these 90 days (March 30, 1979), claimant was prohibited from teaching in a public school by § 168.011, and the Board was prohibited from offering her further employment in that school year by § 168.-081, even though the Board still was in need of her services, and she still desired to teach.

On October 31, 1979, claimant applied for employment benefits with appellant, Division of Employment Security (Division). The employer-Board filed a letter of protest with the Division, asserting that the claimant was not eligible for unemployment benefits because she had “voluntarily quit,” and had not reapplied for the 1979-1980 [128]*128academic year. A deputy for the Division found that claimant “was discharged because she had taught the maximum amount of time allowed on her 90 day teaching certificate,” and declared that she was eligible for unemployment benefits. The Board protested the deputy’s decision to the Appeals Tribunal of the Division, where the referee of the tribunal affirmed the deputy’s finding that claimant had been “discharged,” but “not for misconduct connected with her work.”3 The Board appealed the referee’s decision to the Commission, which denied the appeal without opinion. The Board petitioned the circuit court for review of the Commission’s decision granting benefits.

In reversing, the circuit court concluded that it was technically the “fault” of claimant that she was unemployed, as the word fault not only means misconduct, but also includes the “failure of volition” by an employee in retaining a job. The court reasoned that because it was solely within the power of claimant to obtain the required education necessary to acquire a permanent teaching certificate, it was her own failure of volition which resulted in her unemployment. The court also concluded that employees who know that they can work for only a specified time due to matters beyond the control of their employer are deemed to have “voluntarily quit” their employment, (288.050). For these reasons, the trial court decided that claimant was disqualified for unemployment benefits under §§ 288.020 and 288.050.4

This is a case of first impression. It is the duty of this court to discern the legislative intent behind the words of these statutes and apply the plain and natural meaning of the words so as to promote the objectives of the Employment Security Act. Section 288.020.2 provides that “this Act shall be liberally construed to accomplish its purpose to promote employment security both by increasing opportunities for jobs and by providing unemployment compensation.” Further, all provisions which limit or except certain claimants from benefits must be strictly construed. Kroger Co. v. Industrial Commission of Missouri, 314 S.W.2d 250, 254 (Mo.App.1958).

This court notes at the onset that everyday definitions of such pivotal terms as “voluntary,” “discharge” and “fault” are not easily plugged into a factual situation such as this one to reach consistent results. For example, one could say that the claimant here did not leave her job because she “wanted to,” but only because she was forced to leave by operation of law. In this sense, her leaving was “involuntary” and she should qualify for benefits. On the other hand, another could say that it was the claimant’s “fault” that she lost her job because she did not have a permanent certificate, and she should therefore be denied benefits.

I.

Appellants’ first point of error is that the circuit court exceeded its scope of review by substituting its own judgment on the factual questions at issue rather than merely determining if the Commission’s findings were supported by substantial and competent evidence. Section 288.210 mandates that the jurisdiction of the circuit court be confined to questions of law. Appellants contend the issues before the trial court were questions of fact and not questions of law. This contention is not convincing. The facts in this case are uncon-troverted. The circuit court applied these undisputed facts to the applicable statute and case law but interpreted the meaning of the terminology concerning “fault,” “voluntary leave” and “discharge” differently than did the Commission. For the circuit [129]*129court to independently interpret the terms of § 288.020 and § 288.050 as a matter of law, and apply those terms to the facts of this case is fully within the court’s scope of review. Hansen v. Division of Employment Security, 520 S.W.2d 150, 152[3] (Mo.App.1975). See also Division of Employment Security v. Labor & Industrial Relations Commission, 617 S.W.2d 620, 625 (Mo.App.1981);

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Bluebook (online)
633 S.W.2d 126, 1982 Mo. App. LEXIS 2914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-education-of-st-louis-v-labor-industrial-relations-commission-moctapp-1982.