Reynolds Metals Co. v. STATE DEPT. OF INDUS. REL.

792 So. 2d 419, 2000 Ala. Civ. App. LEXIS 579
Court of Civil Appeals of Alabama·Decided September 15, 2000·No. 2990830 to 2990838·Published·Cited by 4 cases

Opinion

792 So.2d 419 (2000)

REYNOLDS METALS COMPANY
v.
STATE DEPARTMENT OF INDUSTRIAL RELATIONS et al.

2990830 to 2990838.

Court of Civil Appeals of Alabama.

September 15, 2000.
Certiorari Denied February 16, 2001.

*420 William F. Gardner and Joseph V. Musso of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham; and Braxton W. Ashe and J. Michael Tanner of Ashe, Tanner, Wright & Kelley, Tuscumbia, for appellant.

Frank D. Marsh, general counsel, State Department of Industrial Relations, for appellee.

Alabama Supreme Court 1000025.

ROBERTSON, Presiding Judge.

These 17 consolidated appeals from judgments of the Lauderdale County Circuit Court concern the meaning of a portion of § 25-4-78(5), Ala.Code 1975, relating to disqualification of claimants for unemployment-compensation benefits for failure to apply for or accept available suitable work without good cause. Specifically, the common issue framed by Reynolds and the State Department of Industrial Relations ("DIR") is whether the trial court properly concluded that DIR had correctly determined that 17 laid-off workers ("the workers")[1] at manufacturing plants of Reynolds Metals Company ("Reynolds") in northwest Alabama were not "seeking to establish" a "benefit year" when the workers were offered employment by the purchaser of those plants.

In February 1999, the workers were notified that on March 31, 1999, they would be permanently laid off from their employment at Reynolds. At that time, Reynolds was contemplating the sale of its northwest Alabama manufacturing plants *421 to Wise Alloys LLC ("Wise"). Because the workers had "seniority dates" of February 1994 or earlier, Wise offered, between March 15 and March 18, 1999, to employ all[2] of the workers at the manufacturing plants after March 31, 1999. However, the record reveals that the terms and conditions of the employment Wise offered to the workers were not equivalent to the terms and conditions of the workers' employment at Reynolds. Wise's employment offer to the workers, compared to employment with Reynolds, involved (1) a $1.00 reduction in hourly pay, (2) a reduction in the amount of vacation time, (3) discontinuance of profit-sharing and gain sharing, and (4) discontinuance of matching contributions to the workers' retirement plans established under 26 U.S.C. § 401(k). Because of these differences, the workers did not accept Wise's employment offer, and did not work for Wise after their layoff by Reynolds on March 31, 1999.

Between April 5 and April 9, 1999, the workers filed applications with DIR for unemployment-compensation benefits and were thereafter awarded compensation by DIR examiners. Reynolds sought administrative review of the decisions to award unemployment-compensation benefits to the workers. After a consolidated hearing before a DIR referee, the awards of compensation were affirmed. In affirming the examiners' decisions, the appeals referee concluded, in part, as follows:

"A claimant does not seek to establish an unemployment compensation claim until he/she actually files a claim. No job offer was made after [each of the workers had] filed a claim for unemployment compensation benefits. Thus, the [workers] did not refuse an offer of available suitable work. Therefore, the [workers are] not subject to a disqualification under [§ 25-4-78(5), Ala.Code 1975]."

Reynolds appealed from the referee's decisions to DIR's Board of Appeals, which entered orders affirming the referee's decisions as to the workers. After Reynolds had sought judicial review of those orders,[3] DIR filed summary-judgment motions, supported by affidavits of the workers and by its records; Reynolds opposed these motions by filing hearing-transcript excerpts and affidavits of its former regional director of industrial relations. The trial court entered summary judgments in favor of DIR and the workers, from which judgments Reynolds has appealed.

Because the pertinent facts in these cases are undisputed, we review the trial court's application of law to those facts to determine whether DIR and the workers were entitled to judgments as a matter of law. Carpenter v. Davis, 688 So.2d 256, 258 (Ala.1997). No presumption of correctness attaches to the decision of the trial court on a summary-judgment motion, and our review of such a decision is de novo. Hipps v. Lauderdale County Bd. of Educ., 631 So.2d 1023, 1025 (Ala. Civ.App.1993) (citing Gossett v. Twin County Cable T.V., Inc., 594 So.2d 635 (Ala.1992)).

*422 Alabama's Unemployment Compensation Act ("the Act") dates from 1935; as amended, it is now codified at § 25-4-1 et seq., Ala.Code 1975. The purpose of the Act is to provide a worker with funds to avoid a period of destitution because of the loss of employment. Hale v. Cullman County Bd. of Educ., 465 So.2d 1143, 1145 (Ala.Civ.App.1984). The Alabama Supreme Court has stated that the purpose of the Act is "beneficent" and that Alabama's unemployment-compensation law "should be construed liberally to effectuate its purpose." Ex parte Doty, 564 So.2d 443, 446 (Ala.1989). As we stated in State Department of Industrial Relations v. Bryant, 697 So.2d 469 (Ala.Civ.App. 1997), "[t]he Unemployment Compensation Act is insurance for the unemployed worker and is intended to be a remedial measure for his benefit[; i]t should be liberally construed in the claimant's favor and the disqualifications from benefits should be narrowly construed." 697 So.2d at 470 (citations and internal quotation marks omitted).

Among the statutory bases for disqualification from receiving unemployment-compensation benefits is "failure to accept suitable work." See § 25-4-78(5), Ala. Code 1975. Under that provision, one claiming unemployment-compensation benefits will be disqualified, for not less than one week nor more than 10 weeks, if the claimant "fails, without good cause, either to apply for or to accept suitable work" when, among other things, he or she is notified of suitable work. We note that on appeal, DIR does not contend that employment under the terms and conditions offered by Wise was not "suitable work," or that the workers had good cause not to apply for or accept work with Wise.

However, § 25-4-78(5) is subject to the following limiting language: "This disqualification shall not apply unless the individual has an established benefit year, or is seeking to establish one ... at the time [the claimant] fails[,] without good cause, to do any of the acts set out in this subdivision (5)" (emphasis added). Under another portion of the Act (§ 25-4-3, Ala.Code 1975), a "benefit year" is defined as the one-year period beginning with the first day of the first week with respect to which an individual who is unemployed first files a valid claim for benefits.[4]

It is undisputed that at the time Wise offered to employ the workers (i.e., no later than March 18, 1999), the workers had not established a "benefit year"—their "benefit year" started no earlier than April 5, 1999, the first day of the first week in which they first filed their applications for unemployment-compensation benefits. However, Reynolds contends that the workers were, at the time of Wise's job offer, "seeking to establish" a benefit year and thus that the workers should be disqualified under § 25-4-78(5).

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

Reynolds Metals Co. v. STATE DEPT. OF INDUS. REL., 792 So. 2d 419, 2000 Ala. Civ. App. LEXIS 579 (Ala. Ct. App. 2000).

792 So. 2d 419 (Reynolds Metals Co. v. STATE DEPT. OF INDUS. REL.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Harrison v. State Department of Industrial Relations
42 So. 3d 132 (Court of Civil Appeals of Alabama, 2010)
Reynolds Metals Co. v. State Department of Industrial Relations
792 So. 2d 431 (Court of Civil Appeals of Alabama, 2000)