St. Joe Paper Company v. Gautreaux

180 So. 2d 668
CourtDistrict Court of Appeal of Florida
DecidedDecember 7, 1965
DocketG-296
StatusPublished
Cited by22 cases

This text of 180 So. 2d 668 (St. Joe Paper Company v. Gautreaux) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
St. Joe Paper Company v. Gautreaux, 180 So. 2d 668 (Fla. Ct. App. 1965).

Opinion

180 So.2d 668 (1965)

ST. JOE PAPER COMPANY, Petitioner,
v.
Camille F. GAUTREAUX and Florida Industrial Commission, Respondents.

No. G-296.

District Court of Appeal of Florida. First District.

December 7, 1965.

*669 Davisson F. Dunlap of Ulmer, Murchison, Kent, Ashby & Ball, Jacksonville, for petitioner.

Patrick H. Mears and Herbert W. Miller, Tallahassee, for respondents.

CARROLL, DONALD K., Judge.

The petitioner for a writ of certiorari seeks our review of a portion of an order entered by the respondent Florida Industrial Commission, sitting as the Unemployment Compensation Board of Review, affirming a decision of an appeals referee that the individual respondent, Gautreaux, left the petitioner's employment voluntarily and under conditions not disqualifying him for certain unemployment compensation benefits.

The question raised for our determination in these proceedings is whether Gautreaux, who was forced to retire on a pension pursuant to the provisions of a pension plan in a collective bargaining agreement, "has voluntarily left his employment without good cause attributable to his employer" so as to disqualify himself for benefits under subsection (1) of Section 443.06, Florida Statutes, F.S.A.

This question arose out of the following factual background:

The petitioner has a pension plan to which its employees make no financial contributions. Gautreaux entered into the petitioner's employment in 1938 and the following year he joined the Paper Makers Union, remaining a member thereof in good standing during the rest of his said employment. In 1948 and 1949 this union requested the petitioner to institute a pension plan, which request was renewed in 1950 at a collective bargaining meeting at which Gautreaux was present as a member of the union negotiating team. Several months later the union and the petitioner entered into an agreement, effective as of January 1, 1951, which contained a provision that an "employee shall terminate his employment on the first day of the month following his sixty-fifth birthday, and if he has completed ten (10) years or more of service, he shall be entitled to receive a pension." This agreement, after being discussed at union meetings, has twice been ratified since 1951 by a vote of the union members.

The said agreement was in effect on August 28, 1964, the effective date of Gautreaux's retirement pursuant to the quoted provision of the agreement, with retirement benefits in the amount of $66.95 a month.

*670 After his retirement under the quoted provision because of his having reached the age of 65, Gautreaux filed an application for unemployment compensation benefits. The claims examiner determined that Gautreaux had been separated from his employment with the petitioner under non-disqualifying conditions and that the employment record of the petitioner was charged with its pro rata share of any benefits which might be paid in connection with the claim. The petitioner appealed this determination to an appeals referee, who affirmed the claims examiner's said holding, which action of affirmance was appealed by the petitioner to the respondent Florida Industrial Commission, sitting as the Unemployment Compensation Board of Review, which affirmed the appeals referee's said decision, whereupon the petitioner instituted the present certiorari proceedings in this court.

The Florida Industrial Commission's said affirmance is in keeping with a policy which it adopted, effective October 20, 1964 (Rule 185U-2.07, Florida Industrial Commission). This policy provides, among other things that, where an employee is retired (other than from military service) pursuant to the terms of a retirement plan financed in whole or in part by the employer, under which he had no option to continue in his employment, he shall be disqualified for unemployment compensation benefits on the ground that he has voluntarily left his employment without good cause attributable to the employer "only if the Commission finds" that the payments to the employee under the plan, when prorated by weeks, "equal or exceed the maximum weekly benefit amount allowable under the Florida Unemployment Compensation Law." In the case at bar, Gautreaux's pension payments, on a weekly basis, are less than the weekly unemployment compensation payments.

The key provision of the Florida Unemployment Compensation Law which we must construe and apply in the present proceedings is subsection (1) of Section 443.06, which provides in pertinent part and in effect that an individual shall be disqualified for unemployment compensation benefits if he has "voluntarily left his employment without good cause attributable to his employer or in which he has been discharged by his employing unit for misconduct connected with his work, if so found by the commission * * * that good cause as used in this subsection shall include only such cause as is attributable to the employer or consists of illness or disability of the individual, other than pregnancy, requiring separation from his employment."

Applying the foregoing statutory provision to the facts before us in the present proceedings, the more precise question is whether, when Gautreaux retired on August 28, 1964, under the terms of the pension plan because he had reached the age of 65, he "voluntarily left his employment without good cause attributable to his employer * * *." There is no contention or suggestion that he was discharged by his employing unit for misconduct connected with his work. The pivotal word in the quoted provision is, of course, "voluntarily."

Did Gautreaux "voluntarily" leave the petitioner's employment when he reached 65 and was obliged to retire under the terms of the pension plan adopted by the union and the petitioner more than 13 years before? If not, does his leaving become voluntary because he was a member of the union when it adopted the pension plan and a year before had been a member of the union negotiating team that requested a pension plan? Or because Gautreaux, like other members of his union, may have heard the plan discussed at union meetings and may have voted for or against the plan? We do not think so, and we hold the view that such facts, occurring years before, do not preclude the finding that Gautreaux did not voluntarily leave his employment on August 28, 1964.

*671 So far as we have determined, the point presented for our determination in the present proceedings makes this a case of first impression, at least in Florida. The parties hereto, however, have ably briefed the question in some depth among the decisions from other jurisdictions on similar or analogous points. It must be conceded that a holding either way could be supported by the citation of numerous decisions from other states.

The wording of the unemployment statutes of other states varies in various particulars, and our primary duty here is to endeavor to ascertain the intent of the Florida Legislature as expressed in the Unemployment Compensation Law (Chapter 443, Florida Statutes, F.S.A.) We find no clear expression of legislative intent in subsection (1) of Section 443.06, discussed above, as to whether an employee leaving his employment under a pension plan is disqualified to receive unemployment compensation benefits. We, therefore, turn to Section 443.02, in which the Legislature declared its public policy in enacting the Florida Unemployment Compensation Law, as follows:

"443.02 Declaration of public policy.

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

Related

Hoyos v. Wal-Mart Associates Inc.
844 So. 2d 779 (District Court of Appeal of Florida, 2003)
Mason v. Load King Mfg. Co.
758 So. 2d 649 (Supreme Court of Florida, 2000)
Shu v. Unemployment Appeals Commission
710 So. 2d 108 (District Court of Appeal of Florida, 1998)
Gilbert v. Department of Corrections
696 So. 2d 416 (District Court of Appeal of Florida, 1997)
PANAMA CITY HOUSING AUTH. v. Sowby
587 So. 2d 494 (District Court of Appeal of Florida, 1991)
Royal Caribbean Cruise Line, Inc. v. Florida Unemployment Appeals Commission
525 So. 2d 1036 (District Court of Appeal of Florida, 1988)
Langley v. UNEMPLOYMENT APPEALS COM'N
444 So. 2d 518 (District Court of Appeal of Florida, 1984)
Baeza v. PAN AM./NATIONAL AIRLINES
392 So. 2d 920 (District Court of Appeal of Florida, 1980)
Matter of Astrom
362 So. 2d 312 (District Court of Appeal of Florida, 1978)
Martinez v. Florida Department of Commerce
358 So. 2d 115 (District Court of Appeal of Florida, 1978)
City of Fort Lauderdale v. Fowler
355 So. 2d 159 (District Court of Appeal of Florida, 1978)
Herman v. FLORIDA DEPARTMENT OF COMMERCE
323 So. 2d 608 (District Court of Appeal of Florida, 1975)
Duran Insurance Co. v. Florida Department of Commerce
260 So. 2d 873 (District Court of Appeal of Florida, 1972)
Duval Corporation v. EMPLOYMENT SECURITY COM'N
493 P.2d 413 (New Mexico Supreme Court, 1972)
Redd v. Texas Employment Commission
431 S.W.2d 16 (Court of Appeals of Texas, 1968)

Cite This Page — Counsel Stack

Bluebook (online)
180 So. 2d 668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-joe-paper-company-v-gautreaux-fladistctapp-1965.