Wallace v. Sullivan

561 S.W.2d 452, 1978 Tenn. LEXIS 581
CourtTennessee Supreme Court
DecidedFebruary 6, 1978
StatusPublished
Cited by12 cases

This text of 561 S.W.2d 452 (Wallace v. Sullivan) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wallace v. Sullivan, 561 S.W.2d 452, 1978 Tenn. LEXIS 581 (Tenn. 1978).

Opinion

OPINION

BROCK, Justice.

This is a proceeding by plaintiff, Oscar C. Sullivan, to secure unemployment insurance benefits under the Tennessee Employment Security Law, T.C.A., § 50-1301, et seq. The administrative agency denied the claim upon grounds that the plaintiff-employee had, without just cause, refused suitable employment and, therefore, was not available for work. The plaintiff-employee sought review of the administrative decision in the Chancery Court for Bledsoe County. The Chancellor held that upon the undisputed facts the plaintiff was not disqualified for benefits by reason of his refusal to accept the job in question because such refusal, in the opinion of the Chancellor, was not without good cause. Accordingly, the Chancellor reversed the administrative decision and awarded benefits. From the decree of the Chancellor the Commissioner and the employer have appealed to this Court.

The plaintiff was employed as a skilled machine operator at a wage of $4.30 per hour when he received notice of a layoff due to a reduction in force. Upon receiving notice of the layoff, plaintiff was approached by his supervisor who informed him that pursuant to the contract between his union and the employer, Standard Iron and Wire Works, Inc., he, by virtue of his seniority, could “roll back” another employee of less seniority and take a grinder’s job which would pay him $3.80 per hour, or, in the alternative, he could elect to be laid off and maintain his seniority for a period of twelve months. The plaintiff elected not to roll back but instead to accept the layoff and file a claim for unemployment compensation benefits.

From the very beginning it has been the plaintiffs contention that the position of grinder, which was offered to him by the employer pursuant to the union contract, was not “suitable work” within the meaning of T.C.A., § 50-1324(C). He complained that it was an unskilled position, whereas his former position was a skilled one, and that the working conditions as a grinder would have been detrimental to his health because of the dusty atmosphere in which a grinder works. It appears, however, that his primary reason for refusing to accept the grinder’s job was that it paid $20.00 less in wages per week; he so testified at the hearing before the Board of Review.

T.C.A., § 50-1324(C), provides that an employee shall be disqualified for benefits “if the commissioner finds that he has failed without good cause ... to accept suitable work when offered •. . . ” and that “in determining whether or not any work is suitable for an individual, the commissioner shall consider the degree of risk involved to his health, safety, and morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation, and the distance of the available work from his residence.” It is by these provisions of the law that we must determine whether the plaintiff-employee disqualified himself to receive unemployment benefits by his refusal to roll back another employee and accept a grinder’s position. Although the findings of fact of the Board of Review are conclusive upon the courts if there be any evidence to support them, T.C.A., § 50-1325(1), in a case such as this in which the facts are not in dispute it is the duty of the Court to apply the law to those facts without indulging a presumption of correctness of the conclusion of the Board of Review. Aladdin Industries, Inc. v. Scott, 219 Tenn. 71, 407 S.W.2d 161 (1966); Cooper v. Burson, 221 Tenn. 621, 429 S.W.2d 424 (1968).

It is our conclusion that the Board of Review correctly applied the law to the facts of this case in determining that the plaintiff was disqualified because of his failure, without good cause, to accept suit[454]*454able work. First, we hold that the grinder’s position which was offered to the plaintiff was “suitable work” considering all the facts and circumstances, including those which the Commissioner is enjoined to consider by the provision above-quoted from T.C.A., § 50-1324(C)(l). The record does not show that the work of the grinder would involve an unreasonable risk to the plaintiff’s health, safety or morals. The plaintiff had worked as a grinder prior to his promotion to the position of machine operator and was certainly physically fit and properly trained to perform the work of the grinder. The insistence of the plaintiff that the grinder’s job should be considered unsuitable because it paid $20.00 less per week than he had been earning in his position as machine operator is not supported by the authorities. Certainly, experience and prior earnings are very relevant considerations in determining suitability of offered employment, and a discharged employee will not be required to accept substantially less favorable wages; nevertheless, this Court has held that claimants will not be permitted to draw compensation until their former jobs are again available when reasonable, although less lucrative alternatives, do exist which they refuse to accept. Aluminum Company of America v. Walker, 207 Tenn. 417, 340 S.W.2d 898 (1960); Aladdin Industries v. Scott, supra; Moore v. Commissioner of Employment Security, 197 Tenn. 444, 273 S.W.2d 703 (1954). The Aluminum Company of America v. Walker case was quite similar to the instant case and this Court therein said:

“. . .a payment of unemployment compensation to these men, notwithstanding their refusal to accept the next best available work, would have amounted to a financing of each of these men . until there became available to him his old job or one paying equal wages.
“But it is not the purpose of the Employment Security Law to pay unemployment compensation to employees let out for lack of work until there becomes available to such employee his old job or one paying equal wages. Its purpose is to provide benefits for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of poor relief assistance. T.C.A. § 50-1302.” 207 Tenn. at 419, 340 S.W.2d at 901.

In this case the plaintiff has been given the option óf returning to his old position of grinder which he held less than two years previously. In cases wherein the claimant has been offered the next best available job which his employer has to offer, this Court and others have held that pay differentials of up to $50.00 per week should be considered acceptable unless reasonable alternative employment could be found. Aluminum Company of America v. Walker, supra; In Re Claim of Krystofik, 284 App.Div. 34, 130 N.Y.S.2d 137 (1954); Glenn Alden Coal Company v. Unemployment Compensation Board of Review, 169 Pa.Super. 356, 82 A.2d 64 (Pa.1951).

In determining the suitability of offered employment the claimant’s desire to obtain a job commensurate with his skills and with his prior earnings must be balanced against the length of time he remains unemployed. T.C.A., § 50-1324(C)(l).

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561 S.W.2d 452, 1978 Tenn. LEXIS 581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-v-sullivan-tenn-1978.