Brawley & Flowers, Inc. v. Gunter

934 S.W.2d 557, 1996 WL 506929
CourtMissouri Court of Appeals
DecidedSeptember 13, 1996
Docket20736
StatusPublished
Cited by21 cases

This text of 934 S.W.2d 557 (Brawley & Flowers, Inc. v. Gunter) 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
Brawley & Flowers, Inc. v. Gunter, 934 S.W.2d 557, 1996 WL 506929 (Mo. Ct. App. 1996).

Opinions

PARRISH, Judge.

Brawley & Flowers, Inc., (Employer) appeals the determination of the Labor and Industrial Relations Commission (the Commission) that Vernon Gunter (sometimes referred to hereafter as Claimant) was entitled to unemployment compensation benefits under provisions of the Missouri Employment Security Law, chapter 288, RSMo 1994. This court affirms.

Vernon Gunter worked for Employer as a saw machine operator for more than three year's. On Thursday, June 15, 1995, his su[559]*559pervisor told him, “I hate to be the one to tell you this but after this week you’re out of here.”

The regular work hours for the week were submitted at the end of the day on Thursday. Claimant returned the next day to pick up a cheek for forty hours of accrued vacation time and 10 hours of work. He received his weekly paycheck in the mail at his home that same day.

Mr. Gunter filed a claim for unemployment benefits June 19, 1995. A deputy1 reviewed the claim as required by § 288.070.2.2 The deputy’s determination was that Claimant was disqualified; that he left work voluntarily without good cause attributable to Employer. Claimant appealed the deputy’s determination.

The appeals tribunal3 held a telephone hearing. Employer did not participate. The appeals tribunal found that Mr. Gunter was discharged “at the end of his workshift on June 15,1995.” It concluded that he did not leave work voluntarily, holding:

The Claimant is not disqualified for benefits for which he may otherwise be eligible because the Claimant’s discharge on June 15,1995, was not for misconduct connected with his work within the meaning of the Missouri Employment Security Law.

Employer applied for review of the appeals tribunal decision by the Commission. See § 288.200.1. The application was allowed. The decision of the appeals tribunal was affirmed on the basis of the previously submitted evidence. The Commission adopted the decision of the appeals tribunal.

Point I is directed to the procedure followed by the appeals tribunal and the Commission’s “refusal to reopen the record” to permit Employer to present evidence. Employer asserts it was denied due process because it was not contacted at the time of the telephone hearing; it was not given the opportunity to participate in the appeals hearing; “that the Commission acted without or in excess of its powers.” 4

Notice of Telephone Hearing was mailed to the Claimant and Employer. The mailing certificate on the notice states it was mailed “08-01-95.” The notice identifies the appeal by the names of the Claimant and Employer and by the appeal number and states which party appealed. It states the date of the deputy’s determination, the date the appeal was filed, and identifies the appeals tribunal referee.

The following appears after the identifying information:

You are notified that there will be a hearing at 9:15 A.M. CDT on FRIDAY, AUGUST 11, 1995, by means of a telephone conference originating from Jefferson City, Mo.
REASON FOR THIS HEARING: If you filed the appeal, you already know why you appealed. If you did not file the appeal, you have already been sent the Notice of Appeal setting forth the reasons for the hearing.
NOTICE: IT IS YOUR RESPONSIBILITY TO PROVIDE A PHONE NUMBER WHERE YOU CAN BE REACHED: Provide your telephone number for the hearing by calling 1-800-533-6413.
[560]*560Date of Mailing 08-01-95 TO GIVE TELEPHONE NUMBER FOR HEARING ONLY CALL: 1-800- 533-6413
FOR INQUIRIES ABOUT YOUR APPEAL WRITE OR CALL:
Division of Employment Security Attention: Appeals Section P.O. Box 59
Jefferson City, Missouri 65104-0059 Telephone No. 314-751-3913 Fax: 314-751-5620

At the start of the appeals hearing, the referee announced:

This is Appeal No. 95-14869 a claim by the Claimant, Vernon Gunter, for benefits under the Missouri Employment Security Laws. The employer, Brawley and Flowers, Incorporated, is an interested party. This hearing is being held by means of a telephone conference call originating from the Employment Security Office Building located in Jefferson City, Missouri, on the 11th day of August, 1995, with a docket time of 9:15 in the morning. The time is now approximately 9:35. At 9:15 the employer had not provided a phone number .for the hearing. I contacted the Claimant, informed him of the 15 minute wait rule. The employer still did not provide a phone number and the hearing began at 9:30. The Claimant participates. The employer makes no appearance.

The referee then summarized the manner in which the claim had progressed and the applicable law. He asked Mr. Gunter if he was ready to proceed. Mr. Gunter answered, ‘Yes.”

After being sworn to answer questions, Mr. Gunter testified. He was questioned in detail and at considerable length by the referee. The referee concluded by asking Mr. Gunter if there was anything further he wanted to tell about what happened with his work separation. Mr. Gunter answered, “No.”

The referee told Mr. Gunter he would write an opinion as soon as possible and that the opinion would be mailed from Jefferson City. He announced that the hearing was concluded and the hearing record was closed. The decision of the appeals tribunal was dated August 16, 1995. It states it was mailed that date.

Employer’s application for review by the Commission asked that the decision of the appeals tribunal be reversed; that the “record” be reopened and additional evidence taken. Alternatively, the application requested the Commission to remand the case to the appeals tribunal with directions to reopen the case and take additional evidence from Employer.

In processing unemployment compensation claims, the appeals tribunal’s responsibility is to render decisions after affording parties a reasonable opportunity for a fair hearing. § 288.190.3. This requires reasonable and substantial compliance with principles of due process of law. Jones v. State Dept. of Public Health and Welfare, 354 S.W.2d 37, 40 (Mo.App.1962).

Due process is provided by affording parties to an administrative proceeding the. opportunity to be heard at a meaningful time and in a meaningful manner. Id. It requires that a litigant have knowledge of the claims of his or her opponent, have a full opportunity to be heard, and to defend, enforce and protect his or her rights. In re S M — W_, 485 S.W.2d 158, 163 (Mo.App.1972).

Employer was sent a copy of Claimant’s notice of appeal. It stated Claimant’s challenge to the deputy’s determination that Claimant left work voluntarily. Claimant asserted he had been terminated; that he did not quit work voluntarily.

Employer was mailed a copy of the Notice of Telephone Hearing on August 1, 1995, notifying it that the appeal would be heard by means of telephone conference at 9:15 a.m. August 11, 1995. The notice stated that each party had responsibility to provide a phone number where they could be reached.

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Bluebook (online)
934 S.W.2d 557, 1996 WL 506929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brawley-flowers-inc-v-gunter-moctapp-1996.