Forsman v. Employment Security Department

795 P.2d 1184, 59 Wash. App. 76, 1990 Wash. App. LEXIS 346
Court of Appeals of Washington·Decided August 27, 1990·No. 12434-3-II·Published·Cited by 12 cases

Opinions

Wieland, J.*

Patricia Forsman and Nina Morris appeal the trial court's affirmance of the decision by the delegate of the Commissioner of the Employment Security Department. The Commissioner's delegate denied benefits on the basis that the claimants had not established good cause for terminating employment. In reviewing that denial, we must answer four other questions: (1) Did the claimants have compelling reasons for terminating their employment? (2) [79] Were they sufficiently certain of deterioration in working conditions before they terminated their employment? (3) Did they exhaust all reasonable alternatives before terminating their employment? (4) Was the deterioration in working conditions involuntary even though the union, of which the claimants were members, ratified the changes in working conditions? We answer these questions in the affirmative and find that the workers established good cause for terminating their employment. Thus, we reverse.

We review the record of the administrative tribunal, not the superior court. Macey v. Department of Empl. Sec., 110 Wn.2d 308, 311, 752 P.2d 372 (1988). Neither party challenges the Commissioner's delegate's findings of fact, so those facts are verities on appeal. Fuller v. Department of Empl. Sec., 52 Wn. App. 603, 606, 762 P.2d 367 (1988), review denied, 113 Wn.2d 1005 (1989). The findings of fact were entered by the administrative law judge and adopted by the Commissioner's delegate.

The findings for Morris read as follows:

1. The claimant is presently unemployed. She was employed by [Hancock Fabrics] in Tacoma as a sales clerk from August 25, 1969 until September 26, 1986. She worked varied hours and was paid $5.94 per hour as a member of United Food and Commericial [sic] Workers Union, Local 367 (Tacoma).
2. The claimant was hired by [Hancock Fabrics] to work on a full-time basis. Through the years hours fluctuated depending upon the business flow. The claimant worked 40 hours a week until 1980 when the hours were reduced. They were increased to 40 hours a week again in 1985. In April 1986 the claimant's hours were reduced to 22-24 hours per week. Contract negotiations began in April 1986 and the claimant remained on the job to determine what the final outcome would be. The claimant submitted her notice of intent to resign on September 19, 1986 approximately one week before the final contract vote was taken. Before submitting her resignation the claimant received reasonable assurance from the interested employer that their (sic) pay would be reduced from $5.94 per hour to $4.50 per hour and medical benefits would be lost plus several holidays and one weeks vacation. In addition, hours could not be guaranteed. Hours could possibly be increased in the future depending upon the business flow of the particular store. Since hours could not be guaranteed and the claimant was convinced [80] that her pay would, in fact, be reduced in addition to the loss of benefits, she terminated her position on September 26, 1986.

The findings of fact in Forsman's case were identical except that Forsman was employed from October 30, 1970, until September 26, 1986.

The contract negotiations mentioned are negotiations between the union and the employer. Both claimants voted against ratification, but the union members ratified the contract September 25, 1986.

The Employment Security Department (Department) denied benefits to both claimants on the ground that each had left work voluntarily without good cause. The claimants appealed, and the administrative law judge (ALJ) determined that the claimants' work conditions had deteriorated so that job separation was justified. On further appeal, the Commissioner's delegate reversed that decision, finding that the prospect of less favorable working conditions does not establish good cause, that the "employer would have attempted to provide additional hours if requested," that dissatisfaction with one's wage level does not constitute good cause for job separation, and that the deteriorations were voluntary because the union had ratified the contract. Therefore, the delegate determined that the claimants had not established good cause. The ALJ's order was set aside and the claimants were disqualified pursuant to RCW 50.20.050(l).1 The trial court affirmed the decision in both cases.

An employee is disqualified from receiving benefits if she terminated employment voluntarily without good cause. RCW 50.20.050(1). To establish good cause the employee must satisfy three factors: (1) that she left because of work-connected factors; (2) that the factors were sufficiently compelling to cause a reasonably prudent person to terminate employment; and (3) that she exhausted all reasonable [81] alternatives (but she need not perform futile acts). WAC 192-16-009.

I

Did the Claimants Have Good Cause for Terminating Their Employment?

The Commissioner's delegate found that neither the wage reduction nor the prospect of less favorable working conditions was sufficient to establish good cause. He also found that "it would have been prudent" for the workers to wait until after the union ratification vote, and that the deterioration in working conditions was voluntary because the union ratified the new contract. We will consider each of these reasons in turn.

A. Was the deterioration in working conditions sufficiently compelling to cause the claimants to terminate their employment?

The Commissioner's delegate found that a wage reduction alone was not sufficiently compelling to cause the claimants to terminate their employment, and cited Cowles Pub'g Co. v. Department of Empl. Sec., 15 Wn. App. 590, 550 P.2d 712 (1976), review denied, 88 Wn.2d 1001 (1977). We review the Commissioner's delegate's construction of the term "good cause" under the error of law standard. Grier v. Department of Empl. Sec., 43 Wn. App. 92, 95, 715 P.2d 534, review denied, 106 Wn.2d 1003 (1986).

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Forsman v. Employment Security Department, 795 P.2d 1184, 59 Wash. App. 76, 1990 Wash. App. LEXIS 346 (Wash. Ct. App. 1990).

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Forsman v. Employment Security Department
795 P.2d 1184 (Court of Appeals of Washington, 1990)