Gray v. Brookshire Grocery Co.

635 So. 2d 1284, 93 La.App. 3 Cir. 997, 1994 La. App. LEXIS 1007, 1994 WL 113606
CourtLouisiana Court of Appeal
DecidedApril 6, 1994
DocketNo. 93-997
StatusPublished

This text of 635 So. 2d 1284 (Gray v. Brookshire Grocery Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gray v. Brookshire Grocery Co., 635 So. 2d 1284, 93 La.App. 3 Cir. 997, 1994 La. App. LEXIS 1007, 1994 WL 113606 (La. Ct. App. 1994).

Opinion

SAUNDERS, Judge.

Defendants-appellants, Brookshire Grocery Company and the Louisiana Department of Labor, Office of Employment Security (hereinafter OES), appeal from the trial court’s judgment reversing the OES Board of Review’s decision denying plaintiff-appel-lee’s claim for unemployment compensation. Defendants-appellants contend that the trial court erred when it ruled that as a matter of law there was insufficient evidence to support the Board of Review’s finding that claimant quit her employment without good cause.

For the reasons which follow, we affirm the trial court’s ruling.

FACTS

Plaintiff-appellee, Kalita Gray (hereinafter GRAY), was employed by Brookshire Grocery Store (hereinafter BROOKSHIRE) at its Natchitoches, Louisiana, location. She was employed by BROOKSHIRE as a cashier for approximately 15 years, from May 9, 1977, to April 11, 1992. At the conclusion of her employment on April 11, 1992, GRAY was making $10.50 per hour and working 30 to 35 hours per week. Prior to February, 1992, GRAY frequently helped scan or change the prices of merchandise one day a week. At a meeting held in February, 1992, at the request of GRAY, BROOKSHIRE assigned the scanning duties to someone else.

On Saturday, April 11, 1992, GRAY called BROOKSHIRE to check on her work schedule for the following week. Harry Gongre, co-manager of BROOKSHIRE’S, told her that he needed her to help scan on Monday, April 13, 1992. Gongre explained that she [1286]*1286would be needed because they were behind on their stocking of inventory. When GRAY told Gongre that she would not scan, he told her to think about her decision and return his call in about an hour. About thirty minutes later, GRAY called back and told him that she would not scan. Gongre responded by telling GRAY not to come in as regularly scheduled or on the special day that the scanning was scheduled. GRAY never reported back to work again.

In filing for unemployment compensation on April 22, 1992, GRAY claimed that she resigned her position at BROOKSHIRE because the scanning coordinator under whom she had to work was moody and the scanning work was too stressful. OES notified GRAY on May 13, 1992, that her claim for unemployment compensation was denied. OES found that she failed to follow a reasonable request of her employer and was discharged for that misconduct in accordance with LSA-R.S. 23:1601(2).

GRAY appealed the OES ruling through the appeal’s tribunal or administrative judge. After a hearing on the matter, the administrative judge ruled on June 10, 1992, and reversed the initial OES agency ruling. The administrative judge found, in accordance with LSA-R.S. 23:1601(1), that GRAY should be denied unemployment benefits because she left her employment without good cause. GRAY appealed that ruling through OES’S Board of Review (hereinafter BOARD). After reviewing the record in this matter, the BOARD ruled on August 19,1992. Adopting the administrative judge’s finding of fact, it ruled that the administrative judge had properly decided GRAY’S case, thereby, affirming the administrative judge’s finding of fact and legal conclusion.

GRAY appealed the BOARD’S decision in the trial court. On April 13, 1993, the trial court found that the BOARD’S finding of fact and ruling, as a matter of law, was not supported by sufficient, legal or competent evidence. The trial court then reviewed the record and re-evaluated the testimony and found that an agreement did exist between GRAY and BROOKSHIRE wherein GRAY would no longer have to scan merchandise as part of her normal employment duties with BROOKSHIRE. Accordingly, the trial court found that GRAY had good cause in voluntarily leaving her employment when BROOKSHIRE required her to scan on April 13,1992. The trial court ruled that she was eligible and entitled to unemployment benefits from April 11, 1992, to August 30, 1992.

OES and BROOKSHIRE appeal the trial court’s judgment and contend that there was legal, competent, and sufficient evidence to support the BOARD’S finding, and therefore, the BOARD’S finding of fact is conclusive and cannot be disturbed by the trial court.

1. Issues Presented

1) Whether the trial court erred as a matter of law when it did not find legal, competent, and sufficient evidence to support the BOARD’S finding of fact.

II. Law and Argument

In reviewing the case before this court, we first recognize:

“Under the provisions of LSA-R.S. 23:1634(B)1 our judicial review must be confined to questions of law. The findings of fact of the Board of Review are conclusive if supported by sufficient evidence and in the absence of fraud. Cox v. Lockwood, 373 So.2d 246 (La.App. 4th Cir.1979); Washington v. Summit, 457 So.2d 50 (La. [1287]*1287App. 4th Cir.1984). Our review does not entail the weighing of evidence, drawing of inferences, re-evaluation of evidence or substituting the views of this court for those of the Board of [RJeview as to the correctness of the facts. Washington, supra, at 52. However, there must be legal and competent evidence to support the factual findings on which the administrative determination turns. Banks v. Administrator of Dept. of Employment Security, 393 So.2d 696 (La.1981). Moreover, if the determination made does not meet ‘a threshold test of reasonableness,’ it is erroneous as a matter of law. Banks, supra, at 699.”

Washington v. Whitfield, 521 So.2d 542, 544-45 (La.App. 4th Cir.1988).

Defendants-appellants, OES and BROOK-SHIRE, do not come before this court requesting us to re-evaluate the factual findings, but rather to review whether the factual findings and legal conclusions of the BOARD were supported by competent, legal, and sufficient evidence. In addition, defendants-appellants ask this court to review whether the BOARD’S finding meets the threshold test of reasonableness.

We have reviewed the record and find that factual findings of the BOARD were supported by legal, competent and sufficient evidence. A review of the record developed at the hearing before the administrative judge and adopted by the BOARD establishes clearly that an agreement between BROOK-SHIRE and GRAY existed. At a meeting held in February of 1992, an agreement was struck between the parties wherein BROOK-SHIRE assigned the task of scanning to someone else.

At the hearing before the administrative judge, GRAY and three BROOKSHIRE employees, Lonnie Casie, manager, Harry Gongre, co-manager, and Mike Cimino, assistant manager, testified. After hearing then-testimony, the administrative judge, consistent with the testimony adduced at that hearing, specifically stated in his findings of fact:

“Prior to February, 1992, the claimant [ (GRAY) ] helped scan or change the prices on merchandise a day or so a week. She did not like the job, and in February, 1992, Mr. Lonnie Casey, Store Manager, assigned it to another worker.”

We hold that the administrative judge’s findings of fact, as stated above, are reasonable and supported by sufficient, legal, and competent evidence. The administrative judge made its findings of fact from sworn direct testimony of GRAY, and in particularly, BROOKSHIRE’S managers. The testimony concerning the meeting, the agreement, and the reasons behind the agreement are consistent and uncontroverted.

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Related

Washington v. Sumrall
457 So. 2d 50 (Louisiana Court of Appeal, 1984)
Washington v. Whitfield
521 So. 2d 542 (Louisiana Court of Appeal, 1988)
Banks v. ADMINISTRATOR OF DEPT. OF EMPLOYMENT SEC.
393 So. 2d 696 (Supreme Court of Louisiana, 1981)
Cox v. Lockwood
373 So. 2d 246 (Louisiana Court of Appeal, 1979)

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635 So. 2d 1284, 93 La.App. 3 Cir. 997, 1994 La. App. LEXIS 1007, 1994 WL 113606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-brookshire-grocery-co-lactapp-1994.