Plante v. Ken's Electric

702 P.2d 847, 108 Idaho 809, 1985 Ida. LEXIS 508
CourtIdaho Supreme Court
DecidedJuly 8, 1985
DocketNo. 15183
StatusPublished
Cited by4 cases

This text of 702 P.2d 847 (Plante v. Ken's Electric) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Plante v. Ken's Electric, 702 P.2d 847, 108 Idaho 809, 1985 Ida. LEXIS 508 (Idaho 1985).

Opinion

BISTLINE, Justice.

Wayne E. Plante has worked as an electrician for over 23 years. He was employed by Ken’s Electric in March 1979, and laid off because of lack of work on August 28, 1981. Mr. Plante filed an unemployment benefits claim that same day. Thereafter, Ken’s Electric reemployed Mr. Plante on a part-time basis while he continued to receive unemployment benefits. He was laid off from that work on April 29, 1982.

While Mr. Plante was employed at Ken’s Electric, it was a union shop. Mr. Plante has been a member of the International Brotherhood of Electrical Workers since 1969. He is also a member of the local Spokane union.

After Mr. Plante was laid off in April 1982, he continued to receive unemployment benefits until they were exhausted. He then filed a claim for extended benefits. A Department of Employment representative explained to Mr. Plante that qualification for these benefits required a willingness on Mr. Plante’s part to accept any work within his capabilities. Mr. Plante consented with the proviso that, because he was a union member, he could not accept work as a non-union electrician, nor accept electrical work offered by an employer not covered by a collective bargaining agreement. The representative replied that the Department did not refer union members to non-union work. Mr. Plante made it clear that other than non-union electrical work, he would accept any work offered him, and at the time of the hearing before the Industrial Commission, Mr. Plante was earning $4 an hour doing non-electrical work.

Backing up a bit, in early 1982, the owner of Ken’s Electric was considering making the business a non-union shop. While Mr. Plante was still employed there the owner tried to convince Mr. Plante to resign from his union and work as a foreman of a non-union shop. Mr. Plante refused, stating that he did not want to lose his union pension benefits.

On July 1, 1982, Ken’s Electric became a non-union employer. On July 19, the company informed the Department of Employment of an opening it had for an electrician. On that same day a Department representative informed Mr. Plante of the job opening at Ken’s Electric, but he refused it, stating again that he could not take a nonunion electrical job without being expelled from his union and losing union pension benefits. Accordingly, Mr. Plante did not apply for the job at Ken’s Electric.

The rules of Mr. Plante’s union prohibit members from accepting non-union electrical work. Had Mr. Plante accepted the job offer from Ken’s Electric, he was faced with the prospect that his union would probably have fined him, and that if he would continue such work, the union would expelí him. Additionally, upon expulsion from the union, Mr. Plante would have lost his pension benefit rights in two different union-funded and administered pension plans; he would have retained his pension rights in his local union’s pension plan.

Because Mr. Plante failed to apply for the job offered by Ken’s Electric, the Department of Employment issued a determination that Mr. Plante was ineligible for unemployment benefits effective July 18, 1982. Mr. Plante appealed to the Industrial Commission, which reversed the Department’s determination.

The Commission held that Mr. Plante had good cause for refusing to apply for the job at Ken’s Electric. The commission further held that Mr. Plante is entitled to extended benefits. From these two holdings the Department of Employment appeals.

[811]*811Two issues are before us: 1) Whether Mr. Plante is ineligible for regular unemployment benefits because of his refusal to apply for concededly suitable work where the primary reason for such refusal is the fear of union fines, expulsion, and loss of pension rights which he faced if he took the non-union electrical job offered him; and 2) whether Mr. Plante is ineligible for federal extended benefits because of his refusal to apply for non-union electrical work to which he was referred. On both issues we affirm the Industrial Commission’s conclusion that Mr. Plante is so eligible.

I.

A.

Both parties agree that the electrical job offer which Mr. Plante refused to apply for was suitable work. The Department of Employment argues that resolution of the suitability issue is dispositive of the good cause issue. Such an argument flies in the face of the applicable statutory law.

I.C. § 72-1366(f) states in pertinent part that to be eligible for unemployment benefits a claimant’s unemployment must not be due to “his failure without good cause to apply for available suitable work or to accept suitable work when offered to him.” (Emphasis added). It is readily apparent, therefore, that a claimant’s refusal to apply for suitable work will only disqualify him or her if there is no good cause to justify such refusal. Thus, applying § 72-1366(f) requires two determinations: 1) whether a claimant had good cause to refuse to apply or accept such work; and 2) whether such work, which was refused by the claimant, is suitable work.

Our conclusion today that issues of good cause and suitability require separate determinations is supported by Meyer v. Skyline Mobile Homes, 99 Idaho 754, 759, 589 P.2d 89, 94 (1979), wherein we stated:

It is ... clear that good cause to refuse may exist even where the work offered is suitable; otherwise the good cause language used by the legislature would become mere surplusage, contrary to general principles of statutory construction. See, e.g., Norton v. Department of Employment, 94 Idaho 924, 500 P.2d 825 (1972). However, when suitable work is offered, good cause to refuse the offer ordinarily must stem either from a temporary emergency or from some intolerable aspect of the particular job offered that is not considered in determining the suitability of the work. See Swanson v. Minneapolis-Honeywell Regulador Co., 240 Minn. 449, 61 N.W.2d 526 (1953).
(Emphasis added).

Accord, Czarlinsky v. Employment Security Agency, 87 Idaho 65, 390 P.2d 822 (1964).

The Commission’s conclusion in this case is harmonious with Meyer. The “intolerable aspect” of the job offered Mr. Plante is the resulting union expulsion, fines, and loss of pension benefits he would have faced had he taken the job. This “aspect” is not something that was considered when “suitability” of a job was determined. Rather, as mentioned above, it was considered when determining whether Mr. Plante had good cause not to apply for the job to which he was referred.

B.

While the legislature has seen fit in I.C. § 72-1366(g)1 to define what constitutes [812]*812“suitable work,” it has not done so with “good cause.” This Court has defined “good cause” as follows:

“Good cause” within the meaning of I.C. § 72-1366(f) is not susceptible of an exact definition. Rather, the meaning of these words must be determined in each case from the facts of that case. Saulls v. Employment Security Agency,

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Bluebook (online)
702 P.2d 847, 108 Idaho 809, 1985 Ida. LEXIS 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plante-v-kens-electric-idaho-1985.