Boucher v. Maine Employment Security Commission

464 A.2d 171, 1983 Me. LEXIS 778
CourtSupreme Judicial Court of Maine
DecidedAugust 8, 1983
StatusPublished
Cited by9 cases

This text of 464 A.2d 171 (Boucher v. Maine Employment Security Commission) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boucher v. Maine Employment Security Commission, 464 A.2d 171, 1983 Me. LEXIS 778 (Me. 1983).

Opinions

ROBERTS, Justice.

Maurice P. Boucher appeals from a judgment of the Superior Court, Aroostook County, which affirmed a decision of the Maine Employment Security Commission disqualifying him from receiving unemployment benefits. Boucher contends that a substantial reduction in pay constitutes “good cause” for terminating employment under 26 M.R.S.A. § 1193(1)(A) (Supp.1982-1983). Because we agree, we reverse the judgment of the Superior Court.

I.

In July of 1980, Boucher was hired as a leather cutter by Viner Brothers, Inc., a shoe manufacturer. He was employed in that capacity for a year. As a leather cutter, Boucher was in Viner Brothers’ highest labor grade of six, earning $4.80 per hour plus incentive pay based on his volume of piece work. Viner Brothers’ Employee Handbook provided for such incentive pay. By the end of a year of employment, he was earning “close to $10.00 an hour.”

In July of 1981 when Viner Brothers shut down, Boucher was laid off. Approximately two months later, Boucher was recalled from the layoff. The Employee Handbook provides that upon recall from the layoff employers will offer employees positions open in their labor grade. If no such positions are open, the employer may offer a position in the next lower labor grade. The process continues through the succeeding lower labor grades.1 According to the Handbook, employees are obligated to accept the recall job.2 Boucher was assigned to work “last pulling” which has a labor grade of one and which paid him minimum wage, $3.35 per hour, with no incentive pay.

On the day he returned to work, Boucher immediately complained to the foreman about the last-pulling job and the wage. Three days later he complained to the personnel manager. He also filed four written grievances complaining about the reduction in salary. Boucher complained about the job for approximately two months. When no one responded, he quit his employment on November 30, 1981.

Upon Boucher’s claim for unemployment benefits, the Deputy determined that Boucher left his regular employment “vol[174]*174untarily without good cause” and thus denied him benefits. Boucher appealed the Deputy’s decision to the Appeal Tribunal, which determined that the appeal was not timely. Boucher then filed an appeal with the Commission, which found that the appeal was timely.

Boucher testified at a hearing before the Commission, but no representative of the employer appeared. Framing the issue, the Commission stated that it must determine whether Boucher left his regular employment voluntarily without good cause attributable to such employment, within the meaning of 26 M.R.S.A. § 1193(1)(A). The Commission then decided that Boucher left his employment without good cause attributable to his employment-because the employer had complied with the recall policy articulated in the Employee Handbook. Accordingly, the Commission reasoned that the employer was free to offer the last-pulling job to Boucher upon being recalled from the layoff. Boucher was required to accept that job although it paid him minimum wage. In addition, the Commission determined that a “mere reduction of wages” does not constitute good cause. According to the Commission, “[t]he employer must be free to structure his labor costs in a manner which will keep the business viable. Thus the employer was acting within its reasonable discretion when it assigned the claimant a job paying wages lower than he had been receiving.”

II.

We review the administrative record to determine whether there is any competent evidence to support the findings of the Commission. We must also determine whether within those findings the Commission has correctly applied the law. Smith v. Maine Employment Security Commission, 440 A.2d 1037, 1038 (Me.1982); Tobin v. Maine Employment Security Commission, 420 A.2d 222, 224-25 (Me.1980).

A. Acceptance of the Recall Job

The Commission based its decision, in part, upon Boucher’s obligation, according to the recall provision of the Employee Handbook, to accept the offered recall position. The record is unclear as to whether the Commission found that Boucher in fact accepted the last-pulling job with a labor grade of one and thus was not entitled to his former wages. See Smith, 440 A.2d at 1038 (record supports finding that plaintiff accepted temporary position); Edwards v. Unemployment Compensation Board of Review, 35 Pa.Cmwlth. 647, 650, 387 A.2d 510, 511 (1978) (general rule is that when one accepts job, he admits suitability of that job). Assuming for the purposes of this discussion that the Commission did so conclude, that ruling was erroneous.

The right to compensation benefits is derived from the unemployment compensation law and not from the- agreement between the employer and employee. Johns-Manville Products Corp. v. Board of Review, 122 N.J.Super. 366, 370, 300 A.2d 572, 575 (1973); see Therrien v. Maine Employment Security Commission, 370 A.2d 1385, 1389 (Me.1977) (Commission erred in treating collective bargaining agreement as standard for determining whether claimant should receive unemployment benefits); see also Moore v. Maine Employment Security Commission, 388 A.2d 516, 519 (Me.1978) (Commission erred by ruling that violation of reasonable company rule constitutes per se misconduct). Consequently, the Employee Handbook provision requiring employees to accept recall jobs cannot be used as the basis for a finding that Boucher in fact accepted the recall position. Moreover, it is clear from the record that Boucher never accepted the last-pulling job. The Commission found as a fact that Boucher complained to his foreman “immediately” upon being assigned the last-pulling job. The record further demonstrates that he continued to complain; he complained to the personnel manager and filed four written complaints. When no one took any action, he left his employment. Under the circumstances, Boucher clearly did not voluntarily accept the recall position.

[175]*175The Commission also based its decision, in part, upon the recall provision of the Employee Handbook which provides that the employer may recall Boucher to “open jobs.” The record is unclear, however, as to whether the Commission concluded that as a result of that recall provision Boucher was not entitled to his former position or former wage. If the Commission based its ruling on such reasoning, it erred.

Before Boucher was laid off, he occupied a leather-cutting position which had the highest labor grade and he earned $10.00 per hour.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Consumer Action Network v. Tielman
49 A.3d 1208 (District of Columbia Court of Appeals, 2012)
Couch v. North Carolina Employment Security Commission
366 S.E.2d 574 (Court of Appeals of North Carolina, 1988)
Couch v. NC EMPLOYMENT SEC. COM'N
366 S.E.2d 574 (Court of Appeals of North Carolina, 1988)
Clarke v. Maine Unemployment Insurance Commission
491 A.2d 549 (Supreme Judicial Court of Maine, 1985)
Snell v. Maine Unemployment Insurance Commission
484 A.2d 609 (Supreme Judicial Court of Maine, 1984)
Boucher v. Maine Employment Security Commission
464 A.2d 171 (Supreme Judicial Court of Maine, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
464 A.2d 171, 1983 Me. LEXIS 778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boucher-v-maine-employment-security-commission-me-1983.