Boise Cascade Corp. v. Department of Employment

496 P.2d 958, 94 Idaho 721, 1972 Ida. LEXIS 323
CourtIdaho Supreme Court
DecidedMay 12, 1972
DocketNo. 10936
StatusPublished
Cited by4 cases

This text of 496 P.2d 958 (Boise Cascade Corp. v. Department of Employment) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boise Cascade Corp. v. Department of Employment, 496 P.2d 958, 94 Idaho 721, 1972 Ida. LEXIS 323 (Idaho 1972).

Opinion

DONALDSON, Justice.

The appellant Boise Cascade Corporation instituted this action to protest the contribution rate assigned to it by the respondent Department of Employment. This appeal involves the construction and constitutionality of I.C. § 72-1351(a) (6), a portion of the Idaho Employment Security Law, which reads as follows:

“If the payroll amount or the experience factor or both such payroll amount and experience factor of any eligible or deficit employer listed on the schedules is changed, such employer shall be placed in that position on the schedules which he would have occupied had his payroll amount and/or experience factor as changed been used in determining his position in the first instance, but such change shall not affect the position or rate classification of any other employer listed on the schedules and shall not affect the rate determination for previous years.” Emphasis supplied.

As used in the above subsection:

“payroll amount” means the amount of an employer’s taxable payroll for the year ending on the tax computation date (§ 72-1351(a) (2));
“experience factor” means the ratio of (1) excess of tax contributions made by an employer over benefits paid on his account to (2) his average annual taxable [723]*723payroll for the four years immediately preceding the computation date — in other words, “experience factor” is the percentage derived from the following fraction:
CONTRIBUTIONS minus BENEFITS
AVERAGE ANNUAL PAYROLL (4 years)

(or contributions minus benefits, divided by average annual payroll; § 72-1351 (a) (1) «)•

The meaning of “the schedules’ (appearing where emphasized in the subsection above) is at issue in this action.

Section 72-1351 sets forth the procedure to be used in computing contribution rates. The first step is the computation of an experience factor for each employer. The second step is the preparation of a schedule listing all employers in inverse numerical order (i. e., the highest first) of their experience factors. Also listed on the schedule is the amount of each employer’s taxable payroll for the previous fiscal year and the cumulative total of all payrolls listed up to that point on the schedule. The third step is the segregation of the cumulative payroll amounts into groups whose limits are specifically set out in the statute. Those employers whose payrolls fall within the top 10% of the total cumulative payroll pay the lowest tax rate; and rates rise with each succeeding 15% of total cumulative payroll — in other words, tax brackets change at 10%, 25%, 40%, 55%, 70%, and 85% of total cumulative payroll.

After completion of this procedure for 1970, Boise Cascade’s position on the relevant schedule was such that its payroll amount straddled the dividing line between two cumulative payroll groups; part of its payroll fell above the 55% line of demarcation, while the rest fell below this line. More of Boise Cascade’s payroll fell into the 55-70% bracket than fell into the 40-55% bracket. Section 72-1351 (a) (4) (ii) provides that in such a situation, the employer shall be assigned the tax rate designated for the class in which the greater part of his payroll falls. Therefore, Boise Cascade was assigned a tax rate of 1.7%, the 1970 rate for those whose payrolls were within 55-70% of total cumulative payroll for all employers. Boise Cascade does not challenge the procedure used in making this initial determination.

Based upon the information obtained by following the above procedure, the Department of Employment compiled a tax table for the year 1970, a copy of which was sent to all eligible employers. There is no statutory requirement that the Department of Employment compile and distribute such a tax table, which is in effect a summary of the information contained in the schedule discussed above, the preparation of which is mandated by I.C. § 72-1351.

The issue in this case arose when certain benefits erroneously charged to Boise Cascade’s account were deleted, with the result that its originally computed experience factor of 14.0753 was improved to 14.1258. Boise Cascade contends that the following tax table must be used to determine what tax rate should be assigned to it in light of the discovery of the error in the amount of benefits charged to it:

Rate 1970 Experience Factors Tax
Class From To Rate
1 20.2372 and above 0.5%
2 18.0261 20.2367 0.8%
3 16.1294 18.0242 1.1%
4 14.0757 16.1291 1.4%
5 10.8337 14.0753 1.7%
6 6.5649 10.8329 2.0%
7 0.0008 6.5643 2.3%

If this tax table were used, then Boise Cascade would move up from rate class 5 (1.7% in 1970) to rate class 4 (1.4% in 1970).

The Department of Employment contends that the original schedule, the preparation of which was discussed above, was properly used to determine Boise Cascade’s tax rate in light of the new input (i. e., the correct benefits figure). If the correct benefits amount had been used in determining Boise Cascade’s position in the first instance, it and some twenty-seven other employers with experience factors below Boise Cascade’s corrected experi[724]*724ence factor of 14.1258 would have been assigned a rate of 1.7%. For this reason, upon the discovery of the erroneous figure, Boise Cascade was reassigned a rate of 1.7%; however, because I.C. § 72-1351(a) (6) provides that one employer’s change shall not affect the rates originally assigned to other employers, those twenty-seven employers who were originally assigned a rate of 1.4% were allowed to keep this rate, even though their experience factors are now less than Boise Cascade’s experience factor, as corrected. The result is that even though Boise Cascade has a better experience factor (after correction) than these twenty-seven other employers, Boise Cascade must pay a higher rate (1.-7%) than the rate of (1.4%) they are allowed to pay. It should be noted, though, that Boise Cascade is paying no more than it would have paid if the correct benefits figure had been used in the first instance— but those twenty-seven other employers are allowed to pay less than they would have paid if the erroneous benefits amount had not been used to compute Boise Cascade’s original experience factor. This anomalous situation results mainly from the fact that Boise Cascade had such a large payroll amount (almost nine million dollars) relative to the cumulative total of all payroll amounts.

The first issue raised by this appeal is one of statutory construction: Did the Department of Employment properly follow the procedure set out in I.C. § 72-1351 (a) (6) ? More specifically, was Boise Cascade “placed in that position on the schedules which [it] would have occupied had [the correct figure] been used in determining [its] position in the first instance” ? (It might be noticed that the statute uses the plural “scheduler”; I.C.

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Bluebook (online)
496 P.2d 958, 94 Idaho 721, 1972 Ida. LEXIS 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boise-cascade-corp-v-department-of-employment-idaho-1972.