Verizon Services Corp. v. Board of Review of Workforce West Virginia

811 S.E.2d 885
CourtWest Virginia Supreme Court
DecidedMarch 13, 2018
Docket17-0288
StatusPublished

This text of 811 S.E.2d 885 (Verizon Services Corp. v. Board of Review of Workforce West Virginia) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Verizon Services Corp. v. Board of Review of Workforce West Virginia, 811 S.E.2d 885 (W. Va. 2018).

Opinion

LOUGHRY, Justice:

The petitioner, Verizon Services Corp. ("Verizon"), appeals the February 22, 2017, final order of the Circuit Court of Kanawha County affirming a decision of the respondent, the Board of Review of Workforce West Virginia ("Board"), that granted twenty-five Verizon employees, respondents herein ("the claimants" 1 ), unemployment compensation benefits for a period of time during which they were on strike. In this appeal, Verizon argues that the lower tribunals erred by not finding that a "stoppage of work" occurred at its Clarksburg facility during the strike which disqualified the claimants for unemployment compensation benefits pursuant to West Virginia Code § 21A-6-3(4) (2012). 2 Alternatively, Verizon argues that the lower tribunals erred by not making individualized determinations regarding whether each claimant was disqualified for unemployment compensation benefits under West Virginia Code §§ 21A-6-3(1) and 21A-6-3(3). 3

*888 Having considered the parties' briefs and arguments, the submitted appendix record, and the applicable authorities, we find that the claimants were disqualified for unemployment compensation benefits under West Virginia Code § 21A-6-3(4). Accordingly, we reverse the circuit court's order and remand this case for entry of an order denying the claimants' applications for unemployment compensation benefits.

I. Factual and Procedural Background

Verizon operates a call center in Clarksburg, West Virginia, through which it provides sales and services to customers of Verizon Communications, Inc. ("VCI") who live in other states. 4 In the spring of 2016, Verizon experienced a nationwide strike of its union employees. During the strike, the Clarksburg facility was closed. 5 The calls that would have normally been answered by the Clarksburg call center were automatically rerouted to Verizon call centers in other states. The claimants performed no work and did not receive any wages during the strike, which lasted from April 13, 2016, to May 21, 2016. They sought unemployment compensation benefits for this time period by filing applications with the Board.

Verizon opposed the claimants' applications for unemployment compensation benefits. The matter was assigned to a labor dispute tribunal of the Board. Following an evidentiary hearing, the labor dispute tribunal ruled that the claimants were not disqualified from receiving unemployment compensation benefits. After the decision was affirmed by the Board, Verizon appealed the ruling to the circuit court. By order entered February 22, 2017, the circuit court affirmed the Board's decision. This appeal followed.

II. Standard of Review

Our standard of review is set forth in syllabus point three of Adkins v. Gatson , 192 W.Va. 561 , 453 S.E.2d 395 (1994), as follows:

The findings of fact of the Board of Review of [WorkForce West Virginia] are entitled to substantial deference unless a reviewing court believes the findings are clearly wrong. If the question on review is one purely of law, no deference is given and the standard of judicial review by the court is de novo .

In considering the issue presented, we are also mindful of the fact that "the burden of persuasion is upon the former employer to demonstrate by the preponderance of the evidence that the claimant's conduct falls within a disqualifying provision of the unemployment compensation statute." Peery v. Rutledge , 177 W.Va. 548 , 552, 355 S.E.2d 41 , 45 (1987). Guided by these precepts, we consider the parties' arguments.

III. Discussion

Whether the claimants were entitled to collect unemployment compensation benefits while on strike in 2016 is governed by West Virginia Code § 21A-6-3 (2012). 6 With regard to a strike or labor dispute, the statute provided, in pertinent part:

Upon the determination of the facts by the commissioner, an individual is disqualified for benefits:
....
(4) For a week in which his or her total or partial unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment or other premises at which he or she was last employed[.]

W.Va. Code § 21A-6-3(4). It was established long ago that the phrase "stoppage of work" in this context refers to the employer's operations rather than the employees' conduct. As this Court held in syllabus point two of Cumberland & Allegheny Gas Co. v. Hatcher , 147 W.Va. 630 , 130 S.E.2d 115 ( 1963), overruled on other grounds by *889 Lee-Norse Co. v. Rutledge , 170 W.Va. 162 , 291 S.E.2d 477 (1982) :

The term "stoppage of work", within the meaning of the unemployment compensation statutes of this state, refers to the employer's operations rather than to a mere cessation of employment by claimants of benefits under the provisions of such statutes; and, in order that employees may be disqualified from receiving unemployment compensation benefits because of "a stoppage of work" resulting from a labor dispute, it must appear that there has resulted a substantial curtailment of the employer's normal operations.

Explaining further, this Court stated:

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

Related

Ahnne v. Department of Labor & Industrial Relations
489 P.2d 1397 (Hawaii Supreme Court, 1971)
Meadows v. Wal-Mart Stores, Inc.
530 S.E.2d 676 (West Virginia Supreme Court, 2000)
Cumberland and Allegheny Gas Company v. Hatcher
130 S.E.2d 115 (West Virginia Supreme Court, 1963)
Childress v. MUZZLE
663 S.E.2d 583 (West Virginia Supreme Court, 2008)
Peery v. Rutledge
355 S.E.2d 41 (West Virginia Supreme Court, 1987)
Adkins v. Gatson
453 S.E.2d 395 (West Virginia Supreme Court, 1994)
T. Weston, Inc. v. Mineral County
638 S.E.2d 167 (West Virginia Supreme Court, 2006)
State v. Elder
165 S.E.2d 108 (West Virginia Supreme Court, 1968)
State Ex Rel. Cohen v. Manchin
336 S.E.2d 171 (West Virginia Supreme Court, 1985)
Davis v. Hix
84 S.E.2d 404 (West Virginia Supreme Court, 1954)
Davenport v. Gatson
451 S.E.2d 57 (West Virginia Supreme Court, 1994)
Lee-Norse Co. v. Rutledge
291 S.E.2d 477 (West Virginia Supreme Court, 1982)
Ford Motor Co. v. Unemployment Compensation Commission
63 S.E.2d 28 (Supreme Court of Virginia, 1951)
State Ex Rel. Johnson v. Robinson
251 S.E.2d 505 (West Virginia Supreme Court, 1979)
Mountain States Tel. & Tel. Co. v. Sakrison
225 P.2d 707 (Arizona Supreme Court, 1950)
Ford Motor Co. v. New Jersey Department of Labor & Industry
76 A.2d 256 (Supreme Court of New Jersey, 1950)
Giant Food, Inc. v. Department of Labor, Licensing & Regulation
738 A.2d 856 (Court of Appeals of Maryland, 1999)
Walgreen Co. v. Murphy
53 N.E.2d 390 (Illinois Supreme Court, 1944)
Homer Laughlin China Co. v. Hix
37 S.E.2d 649 (West Virginia Supreme Court, 1946)
Hilley v. General Motors Corporation
800 So. 2d 167 (Court of Civil Appeals of Alabama, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
811 S.E.2d 885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/verizon-services-corp-v-board-of-review-of-workforce-west-virginia-wva-2018.