Briggs v. Review Board of the Indiana Department of Workforce Development

648 N.E.2d 1225, 1995 Ind. App. LEXIS 375, 1995 WL 214386
CourtIndiana Court of Appeals
DecidedApril 6, 1995
Docket93A02-9406-EX-340
StatusPublished
Cited by8 cases

This text of 648 N.E.2d 1225 (Briggs v. Review Board of the Indiana Department of Workforce Development) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Briggs v. Review Board of the Indiana Department of Workforce Development, 648 N.E.2d 1225, 1995 Ind. App. LEXIS 375, 1995 WL 214386 (Ind. Ct. App. 1995).

Opinion

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Beulah P. Briggs, 126 of her fellow employees and their employer, Orion Electric (America) Inc. (collectively the "Claimants", appeal from a decision of the Review Board of the Indiana Department of Workforce Development ("Review Board"). From December 28, 1998, to January 15, 1994, Briggs and the other Orion employees did not work as a result of Orion's annual holiday season plant shutdown. The employees thereafter sought unemployment compensation benefits for the weeks ending January 1, 1994, and January 15, 1994. The Department initially determined that (1) for the week ending January 1, the employees had received income in excess of their unemployment compensation eligibility and were not entitled to benefits and that (2) the amount of the employees' benefits for the week ending January 15 was to be reduced because Orion had paid them holiday pay during that week. 1 Following a hearing, the Administrative Law Judge affirmed the initial determination of eligibility. The Claimants then appealed to the Review Board which affirmed the decision of the Administrative Law Judge. 2

We reverse.

ISSUE

The question presented for review is whether holiday pay received during the week of January 15, 1994, was "deductible income" attributable to that week which reduced the amount of unemployment compensation benefits.

*1227 DISCUSSION AND DECISION

Standard of Review

In reviewing an administrative decision, courts defer to an ageney's findings of fact, provided the findings are supported by substantial evidence. Ashlin Transp. Servs., Inc. v. Indiana Unemployment Ins. Bd. (1994), Ind.App., 687 N.E.2d 162, 165. An administrative agency's interpretation of a statute which it is charged with enforcing is entitled to great weight. Natural Resources Comm'n v. Porter County Drainage Bd. (1991), Ind., 576 N.E.2d 587, 589. However, courts are not bound by the agency's interpretation. Airco Indus. v. Indiana Michigan Power Co. (1998), Ind.App., 614 N.E.2d 951, 958. Courts, not administrative agen-cles, are charged with the responsibility of resolving questions of statutory construction. See Prosser v. J.M. Corp. (1994), Ind.App., 629 N.E.2d 904, 907. "If an agency misconstrues a statute, there is no reasonable basis for the agency's ultimate action and we are required to reverse the agency's decision as being arbitrary and capricious." Ashlin Transp., 687 N.E.2d at 166.

The Claimants do not challenge the Review Board's findings of fact. Therefore, we must determine only whether the Board correctly interpreted the Employment Security Act, Indiana Code § 22-4-1-1 et seq.

Holiday Pay

Unemployment compensation benefits are calculated according to a statutory formula to arrive at a "weekly benefit amount," which is defined as the "amount of benefits an eligible individual would be entitled to receive for a particular week of total unemployment." IND.CODE § 22-4-2-15 (emphasis added); see IND.CODE § 22-4-12-1 et seq.. An employee otherwise eligible for unemployment compensation may be ineligible for benefits if he receives either "deductible income" or pension, retirement or annuity payments equal to or exceeding his weekly benefit amount. See IND.CODE § 22-4-15-4(a). If such other income is less than the weekly benefit amount, the employee is entitled to receive benefits for that week reduced by the amount of that income. 1.C. § 22-4-15-4(b).

Holiday pay is considered "deductible income" from the weekly benefit amount. IND.CODE § 22-4-5-1(a)(5). Subsection (b) of Indiana Code § 22-4-5-2 (the "deductible income statute") prescribes the method for determining the particular week to which holiday pay shall apply as deductible income:

Holiday pay which is paid not later than the normal pay day for the pay period in which the holiday occurred shall be deemed to constitute deductible income with respect to the week for which such payments are made. Holiday pay which is paid after the normal pay day for the pay period in which the holiday occurred shall be considered as deductible income in and with respect to the week in which the same is actually paid.

(Emphases added). Orion paid its employees for the Christmas and New Year's holidays on January 14, 1994. The dispute in this case is whether January 14 is the "normal pay day" for these holidays under the deductible income statute.

On this question the Review Board made the following findings of fact in pertinent part:

The Claimant is a laborer at the Employer's electronics factory. The Employer pays its employees weekly. Employees receive the check for a given work week on the Friday of the following week. The employees' collective bargaining agreement entitles them to holiday pay for Christmas and New Year's day.... The parties offered to stipulate that the Claimant received holiday pay from the Employer for the weeks ending December 25, 1993 and January 1, 1994. The Review Board finds, however, that the Claimant did not receive a check for the holiday pay until January 14, 1994. The delay occurred because the Employer closed its plant on Thursday, December 23 and did not reopen until the week ending January 10, 1994 ....
The Employer customarily closes its plant for several weeks starting the day before Christmas. Employees customarily receive their paycheck for the work performed the week before the closing on the *1228 first payroll after the plant reopens. Employees received holiday pay for Christmas and New Year's day at the same time. Thus the Claimant received her regular pay for the week ending December 25, and her Christmas and New Year's day holiday pay in the January 14 paycheck.

Record at 19-20 (emphases added). Board then concluded: The

[The Claimants] contend[ ] that, because the Employer customarily closes for several weeks at Christmas, the "normal" pay day for the holidays that fell during the shut down is the first Friday after the plant reopens and the holiday pay should therefore be attributed to the weeks ending December 25 and January 1. The Review Board finds that [this] interpretation of the statute contradicts its plain meaning.
Whether the "normal" pay day for the holidays is the pay period in which the respective holiday occurred or the first pay day after the plant reopened is irrelevant as the result will be the same in either case. The result is the same because it is undisputed that the Claimant received the holiday pay on January 14. According to the statute, if the Claimant was paid on the normal pay day the income is deductible for "the week such payments are made." And if the pay is paid after the normal pay day it is deductible in "the week in which the same is actually paid." In Arthur v.

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648 N.E.2d 1225, 1995 Ind. App. LEXIS 375, 1995 WL 214386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/briggs-v-review-board-of-the-indiana-department-of-workforce-development-indctapp-1995.