applying test in case involving qualification for reemployment insurance benefits
How later courts described this case
- applying test in case involving qualification for reemployment insurance benefits
- “An employee who was dismissed, pursuant to terms of a collective bargaining agreement, for nonpayment of union dues is not entitled to unemployment compensation benefits.”
Written by the judges who cited it.
The opinion
TODD, Justice.
The employee Rebecca S. White obtained a writ of certiorari to review a decision of the Commissioner, Department of Economic Security determining that she was disqualified from the receipt of unemployment compensation benefits. We affirm.
The claimant was initially employed by Metropolitan Medical Center from April 22, 1978, to July 9,1979. During this time, she joined the union and by doing so, agreed to the terms of the collective bargaining agreement governing her and other nonprofessional employees’ employment. A provision of that agreement directed the employer, upon written notice from the union, to terminate the employment of any union member not in good standing for failure to pay regular monthly dues. There is no dispute that when White terminated her employment with MMC in 1979 for personal reasons, she was not in good standing as defined by the agreement because she had not paid $81.25 accrued union dues.
White was rehired by the medical center on December 15, 1980. At this time, White authorized her employer to automatically withhold union dues that thereafter became due for direct payment to the union. White did not, however, pay past arrearages of dues from her prior period of .employment. As a result, the union notified White and her employer in letters dated April 7, 1981, November 9, 1981, and November 25, 1981, that White was delinquent in union dues for the months of August 1978 to June 1979 in the amount of $81.25. The union informed her that failure to pay the delinquent dues would require the union to request her immediate dismissal from the medical center, pursuant to the terms of the collective bargaining agreement.
Although White indicated to union representatives that she would make installment payments of the delinquent dues, she made no payments. The union thereafter demanded White’s immediate dismissal on December 15, 1981. On December 22, 1981, MMC informed White! 0f her termination caused by her failure' to pay back union dues. At no time has MMC claimed that White’s job performance was less than adequate or that MMC did not have available work for White. The commissioner ultimately held that White’s dismissal constituted a constructive voluntary separation, that she could establish no good cause attributable to her employer, and that she was therefore disqualified from collecting unemployment compensation benefits pursuant to Minn.Stat. § 268.09, subd. 1 (1982).
The narrow standard of review requires that findings be viewed in the light most favorable to the decision, and if there is evidence reasonably tending to sustain them, they will not be disturbed. Booher v. Transport Clearings of Twin Cities, Inc., 260 N.W.2d 181, 183 (Minn.1977).
The record establishes that White was not in good standing with the union as defined in the agreement and that she could have remedied her position by payment of $81.25 in back dues. Public policy dictates unemployment compensation benefits extend only to those persons who are involuntarily unemployed through no fault of their own. Auger v. Gillette Co., 303 N.W.2d 255, 257 (Minn.1981). We cannot charge an employer with the employee’s failure to satisfy this obligation, particularly where White had agreed in response to union de *27 mands to make installment payments to pay the arrearages. Because White could have retained her employment by paying $81.25 in back dues, we conclude that there is substantial recorded evidence to support the determination that she is disqualified from the receipt of unemployment compensation benefits.
Affirmed.