Clark v. Bogus Basin Recreational Association

435 P.2d 256, 91 Idaho 916, 1967 Ida. LEXIS 289
CourtIdaho Supreme Court
DecidedDecember 15, 1967
Docket10045
StatusPublished
Cited by22 cases

This text of 435 P.2d 256 (Clark v. Bogus Basin Recreational Association) 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
Clark v. Bogus Basin Recreational Association, 435 P.2d 256, 91 Idaho 916, 1967 Ida. LEXIS 289 (Idaho 1967).

Opinion

SPEAR, Justice.

This appeal is from an order of the Industrial Accident Board affirming the decision of the appeals examiner denying unemployment benefits to claimant-employee Hal A. Clark (hereinafter referred to as “appellant”) on the grounds that he voluntarily left his employment without good cause.

Appellant brought this action under the Employment Security Law, I.C. Title 72 ch. 13, against his employer, Bogus Basin Recreational Association (hereinafter referred to as “the resort”), and the Department of Employment, seeking reinstatement of his unemployment insurance benefits.

Before the appeals examiner, appellant testified that he had been employed by the resort as a ski lift operator for approximately- two-and-one-half winter seasons. For the past two seasons he had worked a double shift, that is both day and night, earning $26 per day.

This last season, during which appellant worked from October 26 to December 17, 1966, he earned only $14 per day. as he was not given regular night shift duty. Dean Coltrin, the area foreman at the resort, testified that he had told appellant there would be some night shift duty available for him but that there would have to be a fair division of the work among all the lift operators. On the morning of December 17, 1966, appellant told Coltrin this would be his last day as he wasn’t making enough money.

Appellant also testified that during his first seasomof employment he drove the resort vehicle,- a three-quarterton Dodge 4 wheel-drive pickup truck with a camper van behind it, to and from work. Part of his duties consisted of bringing the receipts down with him at night and depositing them at the bank. Appellant stated that he could not ride in the back of this vehicle, however, because he was subject to motion sickness.

During the 1965-66 season appellant drove to the resort in his own car since that was the only way he could get to work without becoming ill. He testified he was able to afford this only because he worked a double shift.

However, this last season appellant had to be driven up in the resort vehicle. His own car was laid up for repairs and as he was working only one shift he couldn’t afford to pay the repair bill or to rent another car for the purposes of getting to work. As a result, he would continually suffer from motion sickness.

Robert Loughrey, general manager of the resort, testified that the company vehicle was furnished to employees as a means of transportation to and from work merely as a “convenience,” but that it was not guaranteed to them as a part of their employment agreement. He stated that the truck was available to all personnel when there was room to ride in it, but that the employees could make other arrangements if they so *918 desired, especially those on the night shift since the truck did not go down late at night.

Appellant gave as his reasons for quitting (1) that he continually became car sick while riding up in the back of the resort vehicle, and (2) that he could not afford to drive his own car when he only worked part-time at night. He never asked for a raise, but did mention to Mr. Coltrin that if he had more money he could afford to drive. .

While noting much of the foregoing in his findings of fact, the appeals examiner stated in his conclusions of law that “in most areas of employment, transportation becomes the responsibility of the employee.” He found such to be the case here and denied benefits to appellant under I.C. § 72-1366(f) which provides:

“The personal eligibility conditions of a benefit claimant are that—
* * * * * *
(f) His unemployment is not due to the fact that he left his employment voluntarily without good cause * * *.”

Appellant was the only person to give testimony ' in the hearing before the Board. Basically, this testimony merely amplifies his former statements and contentions taken before the appeals examiner.

In addition appellant testified that before the season began he discussed with Mr. Coltrin the “possibility” of working a full double shift and that he fully expected to be so employed as he had in the past. Just before the night skiing was to begin (about two weeks into the regular ski season), Mr. Coltrin informed him that another employee would be given the steady night shift work. Appellant then explained that he would look for a night job in town as he needed full-time employment, and that if he found such work he could-continue to work at the resort during the day and still afford to drive back and forth.

However, appellant admitted that Mr. Coltrin had offered him some part-time night work, but claimed that in the past such arrangements had not worked out very well. He remained on the day shift for about three more weeks and then quit on the 17th of December, 1966. Since that time, he has been unemployed.

Appellant further testified that although he was aware at the beginning of this last season that riding up in the van would make him sick, he decided to “tough it out” until the night shift began, at which time he would make other arrangements. His plan was to earn enough money by working both shifts so he could afford either to rent a vehicle or be able to pay the $350 repair bill on his car. At this time, he felt there was no reason why he wouldn’t be working two shifts.

Appellant claimed that one of the first things he, like every other employee, was told was that transportation would be available to the resort. His- testimony in this respect is as follows:

“[A]ny employee that works at Bogus Basin is under the impression that they park their car at the parking lot at the bottom of the hill and use Bogus Basin’s transportation. That’s one of the things that they understand when they go to work there. It’s been recommended time and time again that the employees not drive their automobile over that road due to the hazards of the road itself, and because they have a deadline to meet — they have to be there at a certain time. * *
******
“All of the employees ride in that van, except on a voluntary basis if they drive their own vehicle. But everybody parks their automobile in that parking lot and gets in that van at 7:30 in the morning.”

In affirming the decision of the appeals examiner, the Board concluded that whether the resort’s provision for transportation was deemed a “convenience” or a “condition of employment,” this was not pertinent to the issue of good cause.

Appellant asserts 15 different specifications of error which can be reduced to three for the purposes of this appeal.

*919 First, appellant contends that the Board is required, as a matter of law, to make specific findings of fact under a clearly marked heading, citing I.C. § 72-604.

Appellant would have been more accurate were he to have cited the provisions of I.C. §§ 72-1368(f) and (g) which relate directly to the Employment Security Law. I.C. § 72-1368(f) provides in pertinent part:

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Cite This Page — Counsel Stack

Bluebook (online)
435 P.2d 256, 91 Idaho 916, 1967 Ida. LEXIS 289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-bogus-basin-recreational-association-idaho-1967.