School District No. 20 v. Commissioner of Labor

305 N.W.2d 367, 208 Neb. 663, 1981 Neb. LEXIS 850
CourtNebraska Supreme Court
DecidedMay 1, 1981
Docket43354
StatusPublished
Cited by10 cases

This text of 305 N.W.2d 367 (School District No. 20 v. Commissioner of Labor) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
School District No. 20 v. Commissioner of Labor, 305 N.W.2d 367, 208 Neb. 663, 1981 Neb. LEXIS 850 (Neb. 1981).

Opinions

Clinton, J.

Defendant Dr. Howell G. Oldham (Oldham) applied for and was awarded unemployment compensation benefits under the Employment Security Law. Upon redetermination, a Department of Labor claims deputy found that Oldham was disqualified from receiving benefits for 7 weeks, under Neb. Rev. Stat. § 48-628(a) (Reissue 1978), because he resigned his employment “voluntarily . . . without good cause.” Oldham appealed to the appeal tribunal. Following a [664]*664hearing, the appeal tribunal found that Oldham did not leave his employment voluntarily, but was discharged. The plaintiff, School District No. 20, County of Dawson (the Gothenburg Public School District), .and the defendant Commissioner of Labor (Commissioner) appealed to the District Court for Dawson County, which affirmed and awarded Oldham attorney fees for the appeal. The Gothenburg Public School District appeals to this court, assigning as error the finding that Oldham resigned involuntarily or with good cause, and arguing that upon de novo review this court should find to the contrary. The Commissioner appeals solely on the issue that the District Court wrongly awarded Oldham attorney fees without statutory authority to do so. We affirm in part and reverse in part.

An appeal under the Employment Security Law, Neb. Rev. Stat. §§ 48-601 to 48-669 (Reissue 1978), must be heard by the District Court de novo on the record, although either party may offer additional evidence after proper notice. On appeal this court must also consider the cause de novo on the record. Powers v. Chizek, 204 Neb. 759, 285 N.W.2d 501 (1979); Glionna v. Chizek, 204 Neb. 37, 281 N.W.2d 220 (1979).

For 10 years Oldham served as superintendent of the Gothenburg Public School District. Each year in March or April the school board voted on whether to reelect the district administrators, including the superintendent, for the coming year. Reelection required an “aye” vote by at least three school board members, assuming all six were present and voting.

On February 12, 1979, Oldham and all six members of the school board attended a regularly scheduled school board meeting. After the public portion of the meeting, the school board went into executive session. During this session, France, the school board president, dismissed everyone from the room except Oldham and the school board members and initiated a conversation.

[665]*665Although the testimony as to the precise language used in the conversation is slightly conflicting, there is no doubt of its substance and import. Oldham testified that France told him: “‘Dr. Oldham, I feel I should inform you it is extremely doubtful that you would get a majority vote for reelection for Superintendent of Schools for the coming year.’” France and Buddenberg, a school board member present at the meeting, testified that it was to the effect that Oldham possibly or probably would not receive a majority vote for reelection as superintendent. Oldham told the school board he would like to remain superintendent for another year so that, upon reaching age 55, he could sell his home in Gothenburg with more favorable tax consequences and his son could graduate from the Gothenburg High School. The other witnesses agreed that Oldham told the school board he would like to remain for another year so that his son could graduate from Gothenburg High School. At this point, according to France, Oldham, and Buddenberg, Buddenberg asked something to the effect that: “You have all heard Dr. Oldham. Because of [his son] would you change your [mind] and let him stay another year?” No one responded. Oldham testified that he then said: “‘Leonard [France], if that is the feeling of the Board, I suppose we can handle it in my office tomorrow.’” According to France and Buddenberg, Oldham offered to resign provided France would give a letter saying that it was possible he would not be reelected.

Oldham testified that he believed he had been discharged by the school board during the February 12, 1979, meeting. This belief was based in part on his experience with the school board which led him to think that they discussed his reelection before the meeting. He testified that when he had asked the school board on a couple of prior occasions whether they had discussed a particular issue he was told: “‘Yes, down at the post office.’” France denied any attempt to force Oldham’s resignation, saying that he intended [666]*666solely to give Oldham the opportunity to resign rather than be publicly voted out later. According to France, he took this step without consulting other board members because two school board members ap.proached him before February 12th and told him that they would not vote for Oldham’s reelection.

After the meeting, according to France’s own testimony, he called Kelley Baker, attorney for the state school board, and asked whether any legal problems would result if he furnished Oldham with the above-mentioned letter. Baker responded in the negative, saying that school boards could fire superintendents at any time under state law.

The next afternoon France and Oldham met in the latter’s office. Oldham presented France with a letter stating, in part: “It appears doubtful that you will secure a majority vote to be re-elected to your position as Superintendent of the Gothenburg Schools for another term.

“Sincerely,
/s/ Leonard France
Leonard France, President
Gothenburg Board of Education”

France signed the letter and, according to Oldham, remarked: “T guess that represents the feeling of the Board of Education.’” France testified that he signed the letter only on behalf of himself and not upon authorization by the school board. Oldham then gave France a letter of resignation which said, in part: “[A]s per our verbal conversation last night at the Board meeting, I feel it to be in my best interest to inform you of my resignation.”

The school board accepted Oldham’s resignation on April 9, 1979.

Section 48-628(a) provides, in part, that: “An individual shall be disqualified for benefits:

“(a) For the week in which he has left work voluntarily without good cause, if so found by the Commissioner of Labor, and for not less than seven [667]*667weeks nor more than ten weeks which immediately follow such week, as determined by the commissioner according to the circumstances in each case.”

In construing this language we have said: “[T]o ‘leave work voluntarily,’ . . . means to intentionally sever the employment relationship with the intent not to return to, or to intentionally terminate, the employment.” Powers v. Chizek, 204 Neb. 759, 764, 285 N.W.2d 501, 504 (1979). MacFarland, Aplnt., v. Unemploy. Comp. Bd., 158 Pa. Super. 418, 45 A.2d 423 (1946), which was cited in Powers, defined “voluntary” as meaning an employee who left of his own volition and was not discharged.

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

Related

Dillard Department Stores, Inc. v. Polinsky
530 N.W.2d 637 (Nebraska Supreme Court, 1995)
Perkins v. Equal Opportunity Commission
451 N.W.2d 91 (Nebraska Supreme Court, 1990)
South Dakota Stockgrowers Ass'n v. Holloway
438 N.W.2d 561 (South Dakota Supreme Court, 1989)
Carlson v. Job Service North Dakota
391 N.W.2d 643 (North Dakota Supreme Court, 1986)
Sorensen v. Meyer
370 N.W.2d 173 (Nebraska Supreme Court, 1985)
Prout v. Maine Employment Security Commission
462 A.2d 1177 (Supreme Judicial Court of Maine, 1983)
Gastineau v. TOMAHAWK OIL CO., LTD.
319 N.W.2d 107 (Nebraska Supreme Court, 1982)
School District No. 20 v. Commissioner of Labor
305 N.W.2d 367 (Nebraska Supreme Court, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
305 N.W.2d 367, 208 Neb. 663, 1981 Neb. LEXIS 850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/school-district-no-20-v-commissioner-of-labor-neb-1981.