Frandrup v. Pine Bend Warehouse

531 N.W.2d 886, 1995 Minn. App. LEXIS 668, 1995 WL 309980
CourtCourt of Appeals of Minnesota
DecidedMay 23, 1995
DocketC7-94-2516
StatusPublished
Cited by4 cases

This text of 531 N.W.2d 886 (Frandrup v. Pine Bend Warehouse) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Frandrup v. Pine Bend Warehouse, 531 N.W.2d 886, 1995 Minn. App. LEXIS 668, 1995 WL 309980 (Mich. Ct. App. 1995).

Opinion

OPINION

RANDALL, Judge.

Daniel J. Frandrup, et al. (Relators), appeal from the Minnesota Department of Economic Security Commissioner’s representative’s decision to deny relators reemployment insurance benefits. Relators argue private postal meter date stamps are not acceptable under the filing requirements of the Minnesota economic security act as proof of timely filing of appeals for reemployment insurance benefits. Thus, relators argue respondent-employer’s appeal was untimely and barred. We affirm.

FACTS

Relators are twenty-three employees of CFI Industries (respondent) who went on strike on April 20, 1994. Relators all filed claims for reemployment insurance benefits with the Minnesota Department of Economic Security (Department) claiming they were locked-out and had no recourse but to strike.

The Department’s adjudicator (adjudicator) held that all relators were involuntarily separated from employment and were entitled to receive benefits. The Department claims it mailed twenty-three notices of determination to The Frick Company (Frick), which acted as respondent’s agent in all reemployment insurance matters before the Department.

Respondent appealed to the Department’s referee. Relators argued that all twenty-three of respondent’s appeals were not filed within the fifteen day statutory period for *888 appeals from the adjudicator. Therefore, re-lators argue the referee lacked jurisdiction to hear the appeal.

Respondent argued Frick only received nine of twenty-three notices of determination and mailed nine corresponding appeals letters to the Department on May 23, 1994, the last day for appeal. The nine appeals letters were stamped, “May 23, 1994” by Frick’s private postal meter machine located in its St. Louis office. Respondent also argued Frick did not receive the other fourteen notices of determination until after the fifteen day period expired, but when respondent did determine those fourteen were granted benefits, fourteen appeal letters were mailed within fifteen days of their actual notice. Those fourteen appeals were mailed by letter dated June 15, 1994, as stamped by Frick’s private postal meter.

On October 5, the referee ruled that nine of the twenty-three relators (the group of nine) were disqualified from receiving benefits because they were involved in a strike. In reaching that decision, the referee found that the group of nine’s appeal letters were timely filed. The referee also ruled that he lacked jurisdiction to rule on the other fourteen of the twenty-three relator’s appeals (the group of fourteen) because those appeals were not filed within the fifteen-day statutory period.

Respondent appealed the referee’s decision to the Commissioner. On November 23, 1994, the Commissioner’s representative decided it had jurisdiction to rule on the merits of the group of fourteen’s claims for benefits. The Commissioner’s representative found that Frick did not receive the group of fourteen’s notices, and that the Department did not mail them to Frick in the first place. Because the notices were not mailed, the time limit did not run until Frick had actual knowledge of the adjudicator’s decision. The Commissioner’s representative ruled the group of fourteen’s appeals were timely filed within fifteen days of Frick’s actual knowledge. The Commissioner’s representative then ruled it had jurisdiction to decide on the merits.

The Commissioner’s representative also ruled that the group of nine’s appeals were timely filed. At the hearing, relators argued the group of nine’s appeals could not be timely because the nine envelopes that contained the appeals were stamped by Frick’s private postal meter and did not bear the cancellation mark of the United States Postal Service as required by the reemployment insurance statute.

The Commissioner’s representative rejected relator’s arguments and ruled all nine appeals were received by the Department’s Red Wing office on May 25, 1994; that they were sent from Frick’s office in St. Louis, Missouri on May 23, 1994; and that “a preponderance of the evidence leads [the Commissioner’s representative] to find that the appeals by the employer as to the nine of the named claimants were, in fact, filed for purposes of the Minnesota Economic Security law on May 23, 1994 and therefore, jurisdiction lies to decide the merits.”

The Commissioner’s representative then decided that all twenty-three relators were engaged in a strike and that there was no constructive lockout; therefore, all twenty-three relators were disqualified from receiving reemployment insurance benefits.

ISSUE

Is a private postal meter date stamp acceptable for timely filing of appeals for reemployment insurance benefits with the Minnesota Department of Economic Security?

ANALYSIS

This court reviews the findings of the Commissioner’s representative, not those of the referee. See Tuff v. Knitcraft Corp., 526 N.W.2d 50, 51 (Minn.1995) and Chellson v. State, Div. of Employment & Sec., 214 Minn. 332, 335, 8 N.W.2d 42, 44 (1943). The Commissioner’s representative’s findings of fact should be reviewed in the light most favorable to the decision, and should not be overturned if there is evidence in the record that reasonably tends to sustain those findings. Ress v. Abbott Northwestern Hosp., 448 N.W.2d 519, 523 (Minn.1989). The Commissioner’s representative’s conclusions of law, however, are not binding on this court. Id.

*889 Appeal of an adjudicator’s decision whether to grant reemployment insurance benefits is final unless “an appeal * * * is filed by a claimant or employer within 15 days after the mailing of the notice of the determination.” Minn.Stat. § 268.10, subd. 2(3) (1994). “Filing” means

the delivery of any document to the commissioner or any of the commissioner’s agents or representatives, or the depositing of the same in the United States mail properly addressed to the department with postage prepaid thereon, in which ease the same shall have been filed on the day indicated by the cancellation mark of the United States Post Office Department.

Minn.Stat. § 268.04, subd. 15 (1994) (emphasis added). In addition,

[ajppeals may be delivered to or filed at the appellate office or any unemployment insurance office of the department or through the United States mail. Appeals filed by mail must be properly addressed to the department with postage prepaid, and the date of filing is the postmark date.

Minn.R. § 3310.2903 (1993) (emphasis added).

On appeal, relators argue the reemployment insurance statute unambiguously states that private postal meter date stamps are not acceptable to indicate timely filing of reemployment insurance appeals. Respondents disagree, arguing the statute does not specifically prevent the use of private postal meters which are authorized by the Postal Service.

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Cite This Page — Counsel Stack

Bluebook (online)
531 N.W.2d 886, 1995 Minn. App. LEXIS 668, 1995 WL 309980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frandrup-v-pine-bend-warehouse-minnctapp-1995.