SubTeach USA v. Williams

2010 Ark. 400, 373 S.W.3d 884, 2010 Ark. LEXIS 494
CourtSupreme Court of Arkansas
DecidedOctober 28, 2010
DocketNo. 09-1276
StatusPublished
Cited by2 cases

This text of 2010 Ark. 400 (SubTeach USA v. Williams) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
SubTeach USA v. Williams, 2010 Ark. 400, 373 S.W.3d 884, 2010 Ark. LEXIS 494 (Ark. 2010).

Opinions

DONALD L. CORBIN, Justice.

|,Appellant SubTeach USA appeals the decision of the Arkansas Board of Review finding that Appellee LaJuanda Coleman was eligible for unemployment compensation benefits. The Board’s decision affirmed findings and conclusions of the Appeal Tribunal and the Department of Workforce Services that Coleman’s employer was not an educational institution, and therefore she did not meet the requirements of the between-terms exclusion from benefits for services performed in an instructional capacity for an educational institution, as provided in Ark.Code Ann. § 11-10-509 (Supp.2009). SubTeach USA first appealed to the Arkansas Court of Appeals, which issued a 4-2 decision affirming the award of benefits to Coleman. SubTeach USA v. Director, Dep’t of Workforce Sens., 2009 Ark. App. 739, 361 S.W.3d 850. We granted SubTeach USA’s petition for review of that decision because this case presents a question of first impression with regard to our unemployment statutes. 12Accordingly, jurisdiction is properly in this court pursuant to Ark. Sup. Ct. R. 1 — 2(b)(1) and (e)(iii) (2010). We find merit to SubTeach USA’s argument, and therefore reverse and remand.

Upon a petition for review, this court considers a case as though it had been originally filed in this court. Texarkana Sch. Dist. v. Conner, 373 Ark. 372, 284 S.W.3d 57 (2008). We affirm the decision of the Board of Review if it is supported by substantial evidence. Mamo Transp., Inc. v. Williams, 375 Ark. 97, 289 S.W.3d 79 (2008). When we are called upon to interpret provisions of the Arkansas Code, however, we conduct a de novo review of the statutory construction issues. See id.

Our review of the record reveals the following undisputed facts. Appellant SubTeach USA is a private employer that hires, trains, and provides substitute teachers and other staff to twenty-three school districts in the State of Arkansas, including the Helena-West Helena School District. The contract that Appellant Sub-Teach USA uses with its client school districts provides that SubTeach bills the districts in accordance with the rate set by the school board for substitute teachers plus thirty-five percent to cover various payroll taxes and workers’ compensation insurance. The contract states that Sub-Teach USA is the employer of the substitute teacher and that once a substitute teacher is assigned to a school, the substitute is coemployed by the district.

In August 2006, Appellee LaJuanda Coleman, who was previously employed directly by the Helena-West Helena School District, was hired by SubTeach USA as a substitute 1 steacher. While employed by SubTeach USA, she taught as a substitute teacher on the Helena-West Helena School campus. Five days following her last day of work for the 2007-2008 school year, Appellee Coleman filed a claim for unemployment compensation benefits. Despite the coemployment relationship described in SubTeach USA’s contract, the claim form that Appellee Coleman used to apply for benefits was a form designed for use when the employer is a temporary-help firm. In that claim form, Coleman stated that she was no longer working for the client Helena-West Helena School District because her assignment had ended. Coleman stated further in the form that she was “not working now because school is out for the summer.”

The Department of Workforce Services held a telephone hearing on Coleman’s claim for benefits. Coleman testified that the services she performed as a substitute teacher while employed by the school district were exactly the same duties that she performed while employed by SubTeach USA. She noted that the only difference was that she received a paycheck from SubTeach USA rather than the school district. Appellee Coleman testified that she had a contract of employment with Sub-Teach USA for the 2007-2008 school year, that her last day of work for the 2007-2008 school year was May 24, 2008, and that she signed a letter of intent to return to work in August 2008 for the 2008-2009 school year.

James Cole, president of SubTeach USA, testified at the hearing that he considered SubTeach USA’s employees to be performing in an instructional capacity for an educational institution “because we send them into the classroom to either implement the lesson plan left |4by the teacher or to provide additional instructional activities for the students.” He explained that SubTeach USA’s substitute teachers have identical duties to the substitute teachers employed by the school district and that SubTeach USA maintains the same qualifications for its substitute teachers as required by state law. Cole also testified that SubTeach USA’s contracts are limited to providing services during the regular school year and exclude services for summer school.

The issue of first impression here presented is whether a claimant, such as Coleman, who worked during the school year as a substitute teacher at a public school district but received her paycheck from a private company that contracts with school districts to provide substitute teachers, is eligible for unemployment compensation benefits during the summer break, even though she had signed a letter of intent to return to work during the school year following the summer break. Phrased another way, the issue is whether a claimant who performs services at an educational institution but is not employed by the educational institution, is disqualified from receiving unemployment benefits during the summer break under section 11-10-509.

The statute at issue in this case was enacted by our General Assembly to bring our state unemployment compensation statutory scheme into compliance with federally mandated requirements of the Federal Unemployment Tax Act (FUTA). The Arkansas statute at issue reads in pertinent part as follows:

11-10-509. Eligibility — Employees of educational institutions.
h(a) With respect to service performed in an instructional, research, or principal administrative capacity for an educational institution, benefits shall not be paid based on services for any week of unemployment commencing during the period between two (2) successive academic years or terms, during a similar period between two (2) regular but not successive terms, or during a period of paid sabbatical leave provided for in the individual’s contract to any individual if:
(1) The individual performs the services in the first of the academic years or terms; and
(2) There is a contract or a reasonable assurance that the individual will perform services in any such capacity for any educational institution in the second of the academic years or terms.
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(d)(1) With respect to any services described in subsections (a) and (b) of this section, compensation payable on the basis of services in any such capacity shall be denied as specified in subsections (al-ie) of this section to any individual who performed the services in an educational institution while in the employ of an educational service agency.

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Related

Hauser v. Sims
423 S.W.3d 104 (Court of Appeals of Arkansas, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
2010 Ark. 400, 373 S.W.3d 884, 2010 Ark. LEXIS 494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/subteach-usa-v-williams-ark-2010.