Jackson v. Eaglepicher Technologies, LLC

451 S.W.3d 783, 2014 Mo. App. LEXIS 1475, 2014 WL 7356648
CourtMissouri Court of Appeals
DecidedDecember 24, 2014
DocketNo. SD 33461
StatusPublished

This text of 451 S.W.3d 783 (Jackson v. Eaglepicher Technologies, LLC) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. Eaglepicher Technologies, LLC, 451 S.W.3d 783, 2014 Mo. App. LEXIS 1475, 2014 WL 7356648 (Mo. Ct. App. 2014).

Opinion

Nancy Steffen Rahmeyer, P.J.

David Jackson (“Claimant”) appeals a decision of the Labor and Industrial Relations Commission (“Commission”) that denied him unemployment benefits on the ground that EaglePicher Technologies, LLC (“Employer”) discharged him for misconduct connected with his work. Claimant raises two points in this appeal: (1) that the Commission erred as a matter of law in finding that Claimant was discharged for misconduct connected with his work because Employer did not apply its written policy “in a fair and even manner,” and (2) that the Commission erred in finding that Claimant was discharged for deliberately violating Employer’s written policy because that violation involved a “single act” and was “a mere pretext for the Employer to discriminate against [Claimant] by discharging him because of his position with, and activities on behalf of, the Union.” With due regard to our standard of review, we affirm the Commission’s decision.

Facts and Procedural History

On January 14, 2014, Claimant filed a claim for unemployment benefits following his discharge by Employer. Employer protested Claimant’s claim on the ground that Employer “[suspended [Claimant] for violating employee conduct policy” in that Claimant was “eating in a production area (unauthorized),” and “[h]ad been previously warned about eating in his work area (2008).” A deputy for the Missouri Division of Employment Security determined that Claimant was disqualified for unemployment benefits because Employer discharged Claimant for misconduct connected with Claimant’s work.

[785]*785The following evidence was presented. Employer hired Claimant in June 1981; Claimant was suspended on January 10, 2014, and discharged on January 13, 2014. At the time he was suspended and then discharged, Claimant “was a group leader of the parts fabrication area” in Employer’s business, which “produce[s] ... medical and aerospace and defense batteries.”

Employer received:

an anonymous complaint that several employees that worked in the same area as [Claimant] did — were eating and not working in the dry room area. It specifically mentioned [Claimant] and another employee in that area.

A review of surveillance film confirmed the complaint. The surveillance film showed Claimant eating chips in the dry room on January 9, 2014, and, at the hearing, Claimant admitted he did so. Claimant’s conduct violated Employer’s written policy and Claimant had received a written warning in June 2008, that eating in the dry room was prohibited.1 Employer claimed it is “important not to eat in the dry room” because a “chemical” used in the dry room could explode and a single particle of food could “affect the quality of the batteries” manufactured.

The policy was in the employee handbook, and was “mentioned [in the employee handbook] as ... a serious violation.” The policy was last revised in July 2012, and provided that “[flood or drink in unauthorized areas” is a “serious[ ] violation[ ], which may be grounds for immediate dismissal.” The policy also was posted inside a glass bulletin board located “outside the area where [Claimant] worked.” “[T]he areas where [employees] are not to eat are clearly marked.” Employer discharged Claimant for violating the policy by eating in the dry room. Earlier in the claim process, Employer told a deputy over the telephone “[t]he fact that [Claimant] is the union president did not have anything to do with why he was fired for this.”

Claimant testified “[fit’s not — it’s—eating chips was not as dangerous as liquids. Liquids will cause the explosion.” Claimant also testified that other employees “eat[ ] in the dry room including the foreman and the supervisor” and Claimant’s supervisor brought “candy bars” into the dry room to sell, and, if Employer believes eating food in the dry room may affect the quality of the batteries produced, “it’s going to be a problem allover the plant. Because every area eats.” Claimant’s pri- or warning was limited “to bringing] ... liquids into any of [Employer’s] dry rooms.” Claimant acknowledged that the written policy was “updated” after 2009 to prohibit “food or drink in an unauthorized area.” Claimant also stated “I’m thinking everybody’s probably was aware [you were not supposed to eat or drink in the dry room] but everybody does it.”

Earlier in the claim process, Claimant told a deputy over the telephone “[t]he area in which I was supposed to have been eating was an area that is officially designated as an area in which you cannot eat. I cannot remember eating anything in there other than a piece of candy that I might pop in my mouth from time to time and keep working like everybody else did or a piece of gum.” Claimant also told the deputy over the telephone:

I would never have a cookie or anything like that as I knew that was a no eating area and a piece of candy or gum did not interrupt the work flow. I never had anything to drink in there as that is an area where lithium is used and you just can’t have any liquids in there. I knew this as well. Nobody ever told us we [786]*786couldn’t have a piece of candy or gum prior to this. Management would also have a piece of gum in their mouth when they were in this area as well. I always ate my lunch in the lunch room like everybody else and I have no idea what they’re talking about. All I was told was that I was being let go for eating something in the work area. I did not see or sign any paperwork. I don’t know when the incident was to have happened.... I take blood pressure meds, cholesterol meds, some stomach pills and water pills. If I needed to go get some food on my stomach and sometimes I’d during work hours I would have to go take one of my meds and I would need to eat some crackers or something like that. But whenever I did that, I left this area.

Claimant also called Teresa Buckmaster as a witness. Buckmaster was the President of the local union, and had worked with Claimant “for years.” Claimant was Vice-President of the local union. Buck-master remained employed by Employer at the time of the hearing. Buckmaster testified that other employees, including supervisors, eat in work areas and not all employees who do so are discharged. An employee in human resources told Buck-master that Employer determines the discipline for eating in a work area on a “case by case basis.” Employer wants “to get rid of the union,” and union officers “are walking around with a target on [their] back.” “[S]nitch[es]” and “antiunion” employees “can pretty much do whatever you want to and they won’t do anything to you,”

On April 7, 2014, the Appeals Tribunal concluded that Claimant was disqualified for unemployment benefits because he was discharged on January 13, 2014, for misconduct connected with his work. In so deciding, the Appeals Tribunal made the following credibility determination and findings of fact:

The claimant’s version of the circumstances surrounding the work separation and that of the employer were mostly contradictory. However, the Tribunal finds that the employer was more persuasive since the employer’s statements were more consistent, logical, and more likely to reflect what occurred....
The employer had a conduct policy that prohibited having food or drink in unauthorized areas.... The policy stated that having food or drink in an unauthorized area was a serious violation that could result in immediate dismissal.

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Cite This Page — Counsel Stack

Bluebook (online)
451 S.W.3d 783, 2014 Mo. App. LEXIS 1475, 2014 WL 7356648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-eaglepicher-technologies-llc-moctapp-2014.