White v. Canyon Highway District 4

88 P.3d 758, 139 Idaho 939, 2004 Ida. LEXIS 45
CourtIdaho Supreme Court
DecidedMarch 30, 2004
Docket29466
StatusPublished
Cited by2 cases

This text of 88 P.3d 758 (White v. Canyon Highway District 4) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
White v. Canyon Highway District 4, 88 P.3d 758, 139 Idaho 939, 2004 Ida. LEXIS 45 (Idaho 2004).

Opinion

KIDWELL, Justice.

This case involves unemployment benefits and quitting for good cause. Canyon Highway District # 4 (Canyon) appeals from the Industrial Commission’s (Commission) grant of unemployment benefits to Jeri White (White) after the Commission reversed the ruling of the Appeals Bureau. The Commission concluded White quit for good cause and was entitled to unemployment benefits. The decision of the Industrial Commission is affirmed.

I.

FACTUAL AND PROCEDURAL BACKGROUND

On October 5, 2000, Jeri White (White) started working for Canyon Highway Dis *941 trict # 4 (Canyon) as an assistant clerk. At that time, Sid Bright (Bright), Canyon’s work director, was White’s supervisor.

In January 2001, Bright assigned White to serve as the secretary for the Utility Coordinating Committee (UCC). The UCC coordinates the use of highway rights-of-way by various utilities for cable. White understood that she could resign this assignment after a year. White was responsible for preparing the minutes of the UCC meetings, but Bright would make changes to those minutes before they went back to the UCC for approval. Bright gave White instructions that contradicted those given to White by the president of the UCC. When White told Bright in January 2002 that she no longer wanted to serve as the UCC secretary, he told her that she could not quit.

In early 2002, Bright instructed the crew-members to stay away from the women working in the office to avoid any allegations of sexual harassment. One of the members of the crew was a friend of White’s and Bright reprimanded the crewmember for his conduct towards White in the office. Bright did not discuss the matter with White directly. White maintains that Bright’s directives unnecessarily alienated the crew from the office staff.

In late February 2002, White tendered a letter of complaint to Ralph Little (Little), the chairman of the three-member commission, regarding Mr. Bright’s behavior. White cited Mr. Bright’s treatment of the crewmember, Bright’s failure to allow White to quit her assignment with the UCC, and instances of sexual misconduct towards White by Bright. White testified that she was told by Little to develop a thick skin and withdraw her complaint. Little determined that White’s assignment to the UCC was proper and that Bright was within his discretion to deal with White’s friend in the manner he thought best for the office. No one addressed White’s allegations of sexual harassment.

White did not pursue the matters in her complaint letter further. In April 2002, White told the members of the UCC that she would no longer be serving as the secretary. White did not discuss this decision with Bright. Instead, he found out about her decision to quit from other people.

Other employees of Canyon also filed grievances against Bright. White testified that she believed because she made it known that she agreed with the people who had filed grievances, Bright displayed his anger towards her. For example, Bright would make appointments with contractors without telling the clerical staff; he would then not show up for the appointments, and later blame the confusion on the failure of the secretarial staff to keep him informed. White and Janet Lantz, Canyon’s clerk, testified that Bright created a harassing and stressful work environment. Casey Bequeath (Bequeath), the assistant work director, testified that he knew several members of the staff had problems working with Bright.

On the afternoon of August 26, 2002, Bright called White into a conference room and began closing the door. White explained that Bright routinely called his subordinates into the conference room for extended discussions about attitude, during which time he “chewed” on people. White told Bright that if he was going to meet with her with the doors closed, she wanted someone else present. Bright called Bequeath into the room. Bright proceeded to ask White why she had resigned from the UCC without discussing it with him. White and Bright disagreed over whether White was required to discuss that decision with Bright. The conversation progressed to Bright’s criticism of White’s attitude. White testified that this was the first time Bright had taken issue with her attitude. However, because White felt there was nothing wrong with her attitude, the discussion escalated. White stormed out of the room and left the premises, indicating that she did not need the job.

On the following day, White called Little to inquire about filing a grievance. Little explained that the grievance remedy is only available to employees, and because White had quit, she was not technically eligible to have her grievance considered. Little told White to put her complaint in writing, and stated that the complaint would have to be good because she would have to convince *942 three men that they should bend Canyon’s personnel policies to consider it. White interpreted Little’s statement as discouraging her from taking any action.

On September 17, 2002, White filed a claim for unemployment insurance benefits with the Idaho Department of Labor. The Department subsequently denied White’s claim on October 8, 2002. White then filed a Request For Appeals Hearing, seeking a review by an Appeals Examiner of the Idaho Department Of Labor’s denial of her application for unemployment insurance benefits. On November 20, 2002, the Appeals Bureau of the Idaho Department Of Labor held a telephone hearing to review the Department of Labor’s denial of White’s application for unemployment insurance benefits. The Appeals Examiner affirmed the Idaho Department of Labor’s October 8, 2002, denial of benefits to White. On December 3, 2002, White appealed the decision of the Appeals Examiner to the Industrial Commission.

On January 14, 2003, the Industrial Commission entered an Order reversing the Decision of the Appeals Examiner. The Commission concluded White quit her employment with Canyon, but that she quit with good cause because there were no alternatives to pursue short of quitting that would have provided her with relief from the hostile working environment created by Bright.

On January 29, 2003, Canyon filed a Motion for Reconsideration requesting the Commission reconsider its Order of January 14, 2003. In response to this motion, White filed her own motion with the Commission asking them to deny Canyon’s Motion for Reconsideration. On February 10, 2003, the Commission entered a final Order denying Canyon’s Motion for Reconsideration. On March 20, 2003, Canyon filed its Notice of Appeal to this Court. Canyon seeks a review of the Commission’s decision.

II.

STANDARD OF REVIEW

When reviewing decisions of the Industrial Commission, this Court exercises free review over questions of law, but reviews questions of fact only to determine whether the Commission’s findings are supported by substantial and competent evidence. Uhl v. Ballard, Med. Products, Inc., 138 Idaho 653, 657, 67 P.3d 1265, 1269 (2003). Factual findings of the Industrial Commission that are supported by substantial and competent evidence will not be disturbed by this Court. Ewins v. Allied Security, 138 Idaho 343, 346,

Related

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2011 WY 144 (Wyoming Supreme Court, 2011)
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109 P.3d 726 (Idaho Supreme Court, 2005)

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Bluebook (online)
88 P.3d 758, 139 Idaho 939, 2004 Ida. LEXIS 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-canyon-highway-district-4-idaho-2004.