Wright & Edwards v. Oklahoma Employment Security Commission

1997 OK 163, 934 P.2d 1088, 68 O.B.A.J. 915, 1997 Okla. LEXIS 27, 1997 WL 109301
CourtSupreme Court of Oklahoma
DecidedMarch 11, 1997
DocketNo. 83812
StatusPublished
Cited by3 cases

This text of 1997 OK 163 (Wright & Edwards v. Oklahoma Employment Security Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wright & Edwards v. Oklahoma Employment Security Commission, 1997 OK 163, 934 P.2d 1088, 68 O.B.A.J. 915, 1997 Okla. LEXIS 27, 1997 WL 109301 (Okla. 1997).

Opinion

HARGRAVE, Justice.

The issues presented are: a) whether the Oklahoma Employment Security Commission has standing to appeal from a decision of the district court sitting in review of a decision by the Board of Review, and b) whether a secretary hired to fill-in during the three-month pregnancy leave of another secretary is entitled to unemployment benefits when the regular secretary returns to work as scheduled. The district court overturned the Board of Review’s determination that the temporary employee was entitled to benefits. The Court of Civil Appeals found that the Commission did not have standing to appeal. We granted petitioner’s writ of certiorari and now hold that the Oklahoma Employment Security Commission has standing to appeal, and affirm the district court.

Wright & Edwards, a general partnership, is a law firm. When their secretary was about to depart for a three-month maternity leave, Talva Hicks, who previously had worked for Edwards at another law firm, was hired to work the three-months that the regular secretary would be gone. The regular secretary returned as scheduled at the end of the three-month period and Ms. Hicks left as agreed. Ms. Hicks then filed for unemployment compensation. The Oklahoma Employment Security Commission found that Ms. Hicks had been discharged not due to misconduct and ordered payment of benefits to Ms. Hicks. On appeal to the appeal tribunal of the Commission, the hearing officer found that claimant did not voluntarily quit her job nor was she discharged for misconduct. The hearing officer found that claimant became unemployed when her temporary job ended. 'Hie Board of Review affirmed.

Wright & Edwards appealed to the district court of McClain county and, on summary appeal, the district judge ruled that Ms. Hicks was not entitled to benefits because she voluntarily left the job. The Oklahoma Employment Security Commission appealed to this Court and Wright & Edwards argued that the Commission had no standing to appeal. The Court of Civil Appeals so found and we granted petitioner’s writ for certiora-ri.

Appellant Wright & Edwards moved to dismiss the appeal, arguing that because neither the employer nor the employee appealed the decision of the district court, the Commission could not bring an appeal in its own name. The Commission is not aggrieved, they argue, because no pecuniary interest of the Commission has been injured. They assert that Hicks’ failure to appeal in her own behalf means that she acquiesced in the district court’s determination that she left the job voluntarily and that the Commission cannot appeal in her absence.

Title 40 O.S.1991 § 2-610 specifically provides that the Commission, or any party to the proceedings before the Board of Review, may obtain judicial review in district court. In such petition for review, all other parties to the proceeding before the Board of Review and the Commission shall be made co-defendants. It further provides that such proceedings shall be heard in a summary manner, and shall be given precedence over all other civil cases. Paragraph (3) provides that an appeal may be taken from the decision of the district court to the Supreme Court, in the same manner as is provided in other civil cases.

Title 40 O.S.1991 § 2-611 specifically provides that the Commission shall be a party to, and entitled to notice in, any proceeding involving a claim for benefits before a referee or the Board of Review. In any proceeding for judicial review the Commission may be represented by any attorney employed by the Commission or designated by it for that purpose, or at the Commission’s request, by the Attorney General.

Clearly, under the statutory language, the Commission is a party to the proceedings and is entitled to appeal. The statute states that in any proceeding for judicial review the Commission may be represented by an attor[1090]*1090ney; this would be unnecessary if the Commission were not an active party in the appeal. Section 2-610 specifically makes the Commission a party defendant to any appeal from the Board of Review, then specifically provides that appeals may be taken from the district court as in any other civil appeal. The Commission points out in its certiorari petition that unemployed claimants often do not have the financial resources to continue throughout the appellate process and most have received their benefits by the time the appeal reaches the district court level.

We have had numerous appeals in which the Commission was a real party in interest, and some in which the Commission was the appellant. See, Okla. Employment Security Commission v. Board of Review, 914 P.2d 1088 (Okla.App.1996). See also, Uniroyal Goodrich Tire Co. v. Okla. Employment Security Commission, 913 P.2d 1377 (Okla.App.1996). We held, in Oklahoma Employment Security Commission v. Carter, 903 P.2d 868 (Okla.1995), that the requirement that the Commission be named a party to the proceedings on appeal was jurisdictional, and that failure to do so on appeal to the district court was fatal. In that case, the Oklahoma Employment Security Commission had denied benefits and the appeal to district court did not name the Commission as a party to the appeal. We find that under the provisions of 40 O.S.1991 § 2-610 and § 2-611, the Commission had standing to bring the appeal in the case at bar.

As to the merits of the appeal, the trial judge, W. Dean Hart, Jr. found that the findings of fact of the Board of Review were not supported by the evidence. The district judge found that the evidence clearly showed that the employee intended to voluntarily separate and terminate her service. The district court found that the decision of the Board of Review was erroneous as a matter of law in the application of 40 O.S. § 2-404 and misapplication of 40 O.S. § 2-406 under the facts of the case. Those sections deal with voluntarily leaving work. The district court reversed the Board of Review.

The statement of facts as set out by the Commission’s hearing officer, who ruled against the employer, establishes the correctness of the district court’s ruling denying benefits. The hearing officer stated the following facts:

“The claimant worked for the employer approximately three months. She was hired on a temporary basis to replace an employee who was going on maternity leave. It was understood at the time of hire the claimant would be allowed to use the employer’s equipment to prepare her resumes and to interview for other jobs during the work day. It was further understood the claimant’s job would end when the employee on maternity leave returned to work. That employee returned to work on Monday, February 15,1993 and the claimant’s last day of work was Friday, February 12, 1993. The employer had no work available for the claimant after the other employee returned.”

The stated facts establish that the claimant was hired only as a temporary fill-in for a regular employee on leave, and that her intention was to seek permanent employment elsewhere.

The statutory provisions dealing with voluntarily leaving employment are: Title 40 O.S.1991 § 2-404:

An individual shall be disqualified for benefits for leaving his last work voluntarily without good cause connected to the work, if so found by the Commission.... Good cause shall include but not be limited to unfair treatment of the employee or the creating of unusually difficult working conditions by the employer.

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Cite This Page — Counsel Stack

Bluebook (online)
1997 OK 163, 934 P.2d 1088, 68 O.B.A.J. 915, 1997 Okla. LEXIS 27, 1997 WL 109301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-edwards-v-oklahoma-employment-security-commission-okla-1997.