Sonterre v. Job Service North Dakota

379 N.W.2d 281, 1985 N.D. LEXIS 449
CourtSupreme Court of Minnesota
DecidedDecember 18, 1985
DocketCiv. No. 11022
StatusPublished
Cited by14 cases

This text of 379 N.W.2d 281 (Sonterre v. Job Service North Dakota) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sonterre v. Job Service North Dakota, 379 N.W.2d 281, 1985 N.D. LEXIS 449 (Mich. 1985).

Opinions

ERICKSTAD, Chief Justice.

This is an appeal by United Hospital from a district court judgment reversing the decision of the North Dakota Employment Security Bureau which denied unemployment benefits to Peggy M. Sonterre. We reverse the judgment of the district court.

Peggy Sonterre was hired by United Hospital in August, 1979, to perform the tasks of data input operator and computer operator. During her first two and a half years, Sonterre worked mainly as a data input operator with keypunch responsibilities. Even though she continued to do keypunch work, her responsibilities later shifted so that her primary work was in computer operations.

On Tuesday, June 5, 1984, Sonterre received a note dated June 4, 1984, informing her that starting June 18, 1984, her shift would be 10:00 a.m. to 6:30 p.m., Monday through Friday, and every third weekend from 3:00 p.m. to 11:30 p.m., instead of her then current hours of 8:00 a.m. to 4:30 p.m., Monday through Friday. The note also informed Sonterre that she would be doing more data input work and less computer work. Sonterre’s pay rate, job title, and total hours worked were unchanged. The changes in Sonterre’s shift and responsibilities were the result of the hospital’s conversion to a new computer which, to properly utilize, apparently required additional input activity.

The following morning Sonterre discussed her objections to the changes with her supervisor and a member of the hospital’s personnel department and requested that she be changed to the night shift. Immediately after this request was denied Sonterre told her supervisor that she was quitting.

On June 19, 1984, Sonterre applied for benefits under the North Dakota Unemployment Compensation Law giving the following reasons for quitting her job:

“They gave me a paper on 6-5-84 dated 6-4-84 to start work a new shift and every 3rd week-end (as a key puncher) with less than 2 weeks [notice]. There was no way to find a sitter and they also wouldn’t even let me take the night shift. There wasn’t any other choice and they said it was final.”

[283]*283A claims deputy for Job Service of North Dakota granted Sonterre unemployment compensation on the basis that she “had good cause attributable to [her] employer for quitting.” United Hospital appealed this decision. After a telephone hearing on July 26, 1984, James G. Lienhart, Chief Appeals Referee, reversed the decision of the claims deputy and denied Sonterre unemployment compensation because, “[t]he claimant chose to resign this employment for reasons which were personal and were not reasons attributable to the employer.” Sonterre was then ordered to pay back $835 she had received in unemployment compensation benefits. This decision of the appeals referee was reviewed and affirmed by the North Dakota Employment Security Bureau (Bureau). Sonterre then appealed to the district court. The district court reversed the decision of the Bureau, finding that “Ms. Sonterre left her employment with good cause attributable to her employer.”

The decision of an administrative agency should be affirmed unless one of the following is present:

“1. The decision or determination is not in accordance with the law.
“2. The decision is in violation of the constitutional rights of the appellant.
“3. Provisions of this chapter have not been complied with in the proceedings before the agency.
“4. The rules or procedure of the agency have not afforded the appellant a fair hearing.
“5. The findings of fact made by the agency are not supported by a preponderance of the evidence.
“6. The conclusions and' decision of the agency are not supported by its findings of fact.” § 28-32-19, N.D. C.C.

These provisions are applicable in a review by our Court through Section 28-32-21, N.D.C.C. We have held that our scope of review is a limited one and usually involves a three-step process: (1) Are the findings of fact supported by a preponderance of the evidence? (2) Are the conclusions of law sustained by the findings of fact? (3) Is the agency decision supported by the conclusions of law? Schadler v. Job Service of North Dakota, 361 N.W.2d 254, 256 (N.D.1985); Asbridge v. North Dakota State Highway Commissioner, 291 N.W.2d 739, 743 (N.D.1980).

In an appeal from a decision of an administrative hearing which has been appealed first to the district court and then to this court, we review the decision of the administrative agency and not the decision of the district court. Schadler, 361 N.W.2d at 256; Application of Nebraska Public Power Dist., 330 N.W.2d 143, 146 (N.D.1983). Accordingly, in our review we look to the record compiled by the administrative agency. Schadler, 361 N.W.2d at 256; Nebraska Public Power, 330 N.W.2d at 146; North Dakota Real Estate Commission v. Allen, 271 N.W.2d 593, 595 (N.D.1978). See also Section 28-32-21, N.D.C.C.

In North Dakota Real Estate Commission v. Boschee, 347 N.W.2d 331, 335 (N.D.1984), we listed the standards which apply when the district court or this court reviews the decision of an administrative agency:

“(1) we do not make independent findings of fact or substitute our judgment for that of the agency, but determine only whether a reasoning mind could have reasonably determined that the factual conclusions were supported by the weight of the evidence, Power Fuels, Inc. v. Elkin, 283 N.W.2d 214, 220 (N.D.1979); (2) we exercise restraint when we review administrative agency findings, Asbridge v. North Dakota State Highway Com’r, 291 N.W.2d 739, 744 (N.D.1980); (3) it is not the function of the judiciary to act as a super board when reviewing administrative agency determinations, Barnes County v. Garrison Diversion, Etc., 312 N.W.2d 20, 25 (N.D.1981); and (4) we will not substitute our judgment for that of qualified experts in the administrative agencies, Bank of [284]*284Hamilton v. State Banking Bd., 236 N.W.2d 921, 925 (N.D.1976).”

There is no dispute that Sonterre left her employment voluntarily. It is also undisputed that if Sonterre left her employment because of good cause attributable to her employer, she would be entitled to unemployment benefits, and, if there was not good cause attributable to her employer, she would be disqualified for benefits under Section 52-06-02(1), N.D.C.C.1

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

Related

Verizon Services Corporation v. Loretta K. Epling
739 S.E.2d 290 (West Virginia Supreme Court, 2013)
Tourte v. Oriole of Naples, Inc.
696 So. 2d 1283 (District Court of Appeal of Florida, 1997)
Holiday Inn v. Karch
514 N.W.2d 374 (North Dakota Supreme Court, 1994)
Lambott v. Job Service North Dakota
498 N.W.2d 157 (North Dakota Supreme Court, 1993)
Newland v. Job Service North Dakota
460 N.W.2d 118 (North Dakota Supreme Court, 1990)
Sadek v. Job Service North Dakota
420 N.W.2d 340 (North Dakota Supreme Court, 1988)
Erovick v. Job Service North Dakota
409 N.W.2d 629 (North Dakota Supreme Court, 1987)
Skjefte v. Job Service North Dakota
392 N.W.2d 815 (North Dakota Supreme Court, 1986)
Blueshield v. Job Service North Dakota
392 N.W.2d 70 (North Dakota Supreme Court, 1986)
Otto v. Job Service North Dakota
390 N.W.2d 550 (North Dakota Supreme Court, 1986)
Minot Farmers Elevator v. Conrad
386 N.W.2d 463 (North Dakota Supreme Court, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
379 N.W.2d 281, 1985 N.D. LEXIS 449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sonterre-v-job-service-north-dakota-minn-1985.