Jenkins v. Review Board of Indiana Employment Security Division

Indiana Court of Appeals

Jenkins v. Review Board of Indiana Employment Security Division

200 N.E.2d 643, 136 Ind. App. 336, 1964 Ind. App. LEXIS 181

CourtIndiana Court of Appeals

DecidedAugust 20, 1964

DocketNo. 20,154

StatusPublished

Cited by1 cases

This text of 200 N.E.2d 643 (Jenkins v. Review Board of Indiana Employment Security Division) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jenkins v. Review Board of Indiana Employment Security Division, 200 N.E.2d 643, 136 Ind. App. 336, 1964 Ind. App. LEXIS 181 (Ind. Ct. App. 1964).

Pincite

Opinion

Hunter, C. J.

This was a proceeding before the Review Board of the Indiana Employment Security Division to determine the eligibility of the claimant, the appellant George W. Jenkins, under the Indiana Employment Security Act.

The appeals referee and the Review Board, with one member dissenting affirmed the determination of the local deputy that the appellant is ineligible for benefits under the Indiana Employment Security Act.

This matter is before us on a petition to remand filed by the appellee Board of Review.

Upon an examination of said petition and transcript of the record in this cause, we find that the decision of the referee and the Review Board was predicated upon a certain collective bargaining agreement as follows:

(a) Potter & Brumfield Division of American Machine & Foundry Co. Agreement with Local Lodge No. 1459 of the International Association of Machinists, A. F. L. - C. I. O., March 21, 1963. (Transcript, p. 30).

However, we find that said collective bargaining agreement was never offered, admitted or placed in evidence before said referee or the Board. This Court stated in the case of Jung v. Review Board of Indiana Employ. Sec. Div. (1964), 136 Ind. App. 248, 199 N. E. 2d 476 “. . . there must appear no possibility nor opportunity that evidence extraneous the record may serve as any part of the factual foundation upon which the conclusion and ultimate determination of the Board may be premised.” ■ •

[338]*338It is now therefore ordered that this cause be remanded to the Review Board of the Indiana Employment Security Division for further hearing with instructions to entertain the introduction into evidence of said collective bargaining agreement and any other unoffered and unadmitted written instruments which heretofore may have been considered by the Board in its determination of the issue.

Remanded.

Note.—Reported in 200 N. E. 2d 643.

Free access — add to your briefcase to read the full text and ask questions with AI

Hunter, C. J.

This was a proceeding before the Review Board of the Indiana Employment Security Division to determine the eligibility of the claimant, the appellant George W. Jenkins, under the Indiana Employment Security Act.

The appeals referee and the Review Board, with one member dissenting affirmed the determination of the local deputy that the appellant is ineligible for benefits under the Indiana Employment Security Act.

This matter is before us on a petition to remand filed by the appellee Board of Review.

Upon an examination of said petition and transcript of the record in this cause, we find that the decision of the referee and the Review Board was predicated upon a certain collective bargaining agreement as follows:

(a) Potter & Brumfield Division of American Machine & Foundry Co. Agreement with Local Lodge No. 1459 of the International Association of Machinists, A. F. L. - C. I. O., March 21, 1963. (Transcript, p. 30).

However, we find that said collective bargaining agreement was never offered, admitted or placed in evidence before said referee or the Board. This Court stated in the case of Jung v. Review Board of Indiana Employ. Sec. Div. (1964), 136 Ind. App. 248, 199 N. E. 2d 476 “. . . there must appear no possibility nor opportunity that evidence extraneous the record may serve as any part of the factual foundation upon which the conclusion and ultimate determination of the Board may be premised.” ■ •

[338]*338It is now therefore ordered that this cause be remanded to the Review Board of the Indiana Employment Security Division for further hearing with instructions to entertain the introduction into evidence of said collective bargaining agreement and any other unoffered and unadmitted written instruments which heretofore may have been considered by the Board in its determination of the issue.

Remanded.

Note.—Reported in 200 N. E. 2d 643.

Cite This Page — Counsel Stack

Bluebook (online)

200 N.E.2d 643, 136 Ind. App. 336, 1964 Ind. App. LEXIS 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-review-board-of-indiana-employment-security-division-indctapp-1964.

Opinion

Related

Cite This Page — Counsel Stack