Gypsy Highview Gathering System, Inc. v. Stokes

716 P.2d 620, 221 Mont. 11
CourtMontana Supreme Court
DecidedApril 9, 1986
Docket85-423
StatusPublished
Cited by24 cases

This text of 716 P.2d 620 (Gypsy Highview Gathering System, Inc. v. Stokes) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gypsy Highview Gathering System, Inc. v. Stokes, 716 P.2d 620, 221 Mont. 11 (Mo. 1986).

Opinions

MR. JUSTICE MORRISON

delivered the Opinion of the Court.

Gypsy Highview Gathering System, Inc. (GHGS), appeals the July 3, 1985, order of the Ninth Judicial District Court, County of Glacier, affirming a decision of the Board of Labor Appeals awarding [12]*12unemployment compensation benefits to its employee, Robert L. Stokes. We affirm.

Robert Stokes was hired by GHGS as a gas plant employee on November 15, 1982. Stokes had previously worked seven years at another gas plant. His starting monthly wage at GHGS was $1500. After three months, Stokes received a $100 a month raise. Over the course of the next year, Stokes allegedly complained repeatedly to his employer about his wage and about working conditions at the plant. In November of 1983, Stokes requested a $400 a month raise. His employer requested that Stokes wait until February, when his salary would increase to an amount closer to that of the national standard. On February 1, 1984, Stokes’ pay check reflected another $100 a month raise. Stokes quit his job that same day.

On February 13, 1984, Stokes filed a claim seeking unemployment benefits. On the claim form, Stokes listed his main reasons for quitting as: “working conditions, safety of equipement, (sic) lack of safety equipment — substandard. Told employer wages were too low for work performed (aver. nat. scale $2500.00/month) & condition of equipement (sic) (also alone during shift handling acid gases - H2S). Employer would not raise wages.”

Stokes was initially determined to be ineligible for unemployment benefits on February 23, 1984, for the following reasons:

“You voluntarily left your employment because of dissatisfaction with the working conditions. The evidence in the record does not establish the conditions were substandard or detrimental to your well-being. Your separation was without good cause.”

Stokes sought a redetermination, following which his claim was again denied on March 20,1984. The redetermination deputy stated:

“Your past employer maintains that the inspections made by the Quality Air Control Bureau and the EPA showed no problems in the working conditions. Additionally, the insurance inspection passed. All inspections were done during this past month. He further states that goggles were available in the office for workers.
“. . . Your employer further states that you were hired at $1500 per month and advised that this wage would increase to $1600 at the end of the 3 month probationary period. The information in the record does not establish that the employment was union employment nor does it show that you were promised a specific wage increase to $2371 per month.
“The work is not shown to be unsuitable and the decision dated 2/ 23/84 remains in effect.”

[13]*13Stokes appealed that decision to an appeals referee, claiming that the inspections were performed after Stokes’ termination. A telephone hearing was had April 9, 1984, following which the redetermination denying benefits to Stokes was affirmed.

Next, Stokes appealed to the Board of Labor Appeals. Another telephone hearing was had June 5, 1984. Stokes, John Moore, attorney for GHGS, Lloyd Peterson, Stokes’ supervisor while employed at GHGS, and A.A. Arras, Jr., controller of GHGS, participated. The Board of Labor Appeals, by a two-to-one vote, reversed the previous rulings and held Stokes to be entitled to unemployment benefits. In so holding, the Board found that Stokes quit his employment because of low wages and dangerous working conditions. The board then held that:

“[T]he evidence does not justify the conclusion that the claimant had good cause for leaving insofar as the salary question is concerned ... On the other hand the evidence before the Board establishes that during a period from November 11, 1979 through January 14, 1984 there were eight injuries in the employment where claims were made to the Workers Compensation Division. During that period of time 14 people were employed at the place of employment of the claimant. In addition to that on November 29, 1983, it was pointed out to the employer by the Department of Health and Environmental Sciences of the State of Montana that they had been in violation, at least since 1982, in connection with permit requirements, insofar as making emissions into the atmosphere, particularly S02 emissions. The evidence further establishes that after an inspection by the Occupational Safety and Health Administration, it was determined that written standard operating procedures governing the selection and use of respirators was not established and that self-containing breathing apparatus was not provided at the plant site. The testimony of the claimant further establishes that there were additional shortages of safety equipment immediately available to employees working in the place of employment. After a walk around inspection on April 10,1984, conducted by the Occupational Safety and Health Administration, it was determined that the employer should plumb in an eyewashing facility, should install an H2S alarm system in the scrubbing tower room and should establish a written respiratory program. That under all of the circumstances and considering the nature of the occupation within which the claimant was working where hazardous chemicals are in the working [14]*14environment and to which the employees are often exposed the claimant had good cause for leaving the employment.”

It became GHGS’s turn to appeal, this time to the District Court of the Ninth Judicial District. In an opinion reflecting the trial judge’s frustration with the standard controlling his review of the Board’s order, substantial evidence was found to support the Board’s decision. GHGS now appeals to this Court, raising the following two issues:

1. Is the finding of “good cause for leaving employment” supported by substantial evidence?

2. Was Stokes justified in quitting his job on the basis of substantial evidence in the record?

The Montana Administrative Procedures Act does not apply to Board of Labor Appeals’ decisions. City of Billings v. Montana Board of Labor Appeals (Mont. 1983), [204 Mont. 38,] 663 P.2d 1167, 1169, 40 St.Rep. 648, 649. Rather, Section 39-51-2410(5), MCA, sets forth the scope of judicial review of the Board’s decisions.

“(5) In any judicial proceeding under 39-51-2406 through 39-51-2410, the findings of the board as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive and the jurisdiction of said court shall be confined to questions of law. Such action and the questions so certified shall be heard in a summary manner and shall be given precedence over all other civil cases except cases arising under the workers’ compensation law of this state.”

This statutory standard of review has been examined and discussed in a number of cases. See for example, Jordan v. Craighead (1943), 114 Mont. 337, 136 P.2d 526; Noone v. Reeder (1968), 151 Mont. 248, 441 P.2d 309; Kirby Co. of Bozeman, Inc. v. Employment Security Division (Mont. 1980), 614 P.2d 1040

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Gypsy Highview Gathering System, Inc. v. Stokes
716 P.2d 620 (Montana Supreme Court, 1986)

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Bluebook (online)
716 P.2d 620, 221 Mont. 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gypsy-highview-gathering-system-inc-v-stokes-mont-1986.