Marx v. ITT Continental Baking

Court of Appeals of Minnesota

Marx v. ITT Continental Baking

358 N.W.2d 707, 1984 Minn. App. LEXIS 3855

CourtCourt of Appeals of Minnesota

DecidedDecember 4, 1984

DocketNo. CX-84-1407

StatusPublished

This text of 358 N.W.2d 707 (Marx v. ITT Continental Baking) 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

Marx v. ITT Continental Baking, 358 N.W.2d 707, 1984 Minn. App. LEXIS 3855 (Mich. Ct. App. 1984).

Pincite

Opinion

SUMMARY OPINION

NIERENGARTEN, Judge.

FACTS

Relator Dennis Marx was employed by respondent ITT Continental Baking from [708]*708March 1983 to October 1983. In October 1983, Marx was “bumped” from his position by a worker with more seniority, pursuant to the collective bargaining agreement negotiated between ITT and the employees’ union. Marx was offered part-time work (at least 16 hours a week) or vacation relief work which would have given him nearly the same hours he previously enjoyed. The proposed work assignments were in accord with the collective bargaining agreement and paid the same hourly wage as his former position. Marx rejected the offers and left the company.

DECISION

The Commissioner found the employer was willing to reassign Marx to either a part-time or vacation relief position after he was “bumped”. There is evidence in the record which reasonably supports the determination that such positions were offered to Marx. Thus, the Commissioner’s conclusions that Marx voluntarily and without good cause attributable to the employer discontinued his employment with the employer must be affirmed. White v. Metropolitan Medical Center, 332 N.W.2d 25 (Minn.1983). Marx’s voluntary termination disqualified him from collecting unemployment compensation benefits pursuant to Minn.Stat. § 268.09, subd. 1(1) (Supp.1983).

Affirmed.

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

SUMMARY OPINION

NIERENGARTEN, Judge.

FACTS

Relator Dennis Marx was employed by respondent ITT Continental Baking from [708]*708March 1983 to October 1983. In October 1983, Marx was “bumped” from his position by a worker with more seniority, pursuant to the collective bargaining agreement negotiated between ITT and the employees’ union. Marx was offered part-time work (at least 16 hours a week) or vacation relief work which would have given him nearly the same hours he previously enjoyed. The proposed work assignments were in accord with the collective bargaining agreement and paid the same hourly wage as his former position. Marx rejected the offers and left the company.

DECISION

The Commissioner found the employer was willing to reassign Marx to either a part-time or vacation relief position after he was “bumped”. There is evidence in the record which reasonably supports the determination that such positions were offered to Marx. Thus, the Commissioner’s conclusions that Marx voluntarily and without good cause attributable to the employer discontinued his employment with the employer must be affirmed. White v. Metropolitan Medical Center, 332 N.W.2d 25 (Minn.1983). Marx’s voluntary termination disqualified him from collecting unemployment compensation benefits pursuant to Minn.Stat. § 268.09, subd. 1(1) (Supp.1983).

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

358 N.W.2d 707, 1984 Minn. App. LEXIS 3855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marx-v-itt-continental-baking-minnctapp-1984.

Opinion

Related

Cite This Page — Counsel Stack