Section 34, 35
APPEALS, Scope of Review, Reason for disqualification, Commission determination not binding on Board
CITE AS: Persky v Woodhaven School District, No. 71462 (Mich App June 12, 1984).
Appeal pending: No
Claimant: Cynthia Persky
Employer: Woodhaven School District
Docket No: B80 17079 76383
COURT OF APPEALS HOLDING: The Board of Review is not bound by the Commission's basis for determining the disqualification of the claimant; but it may base disqualification on a different basis so long as the record contains sufficient evidence to support the decision.
FACTS: Claimant was a school teacher. Her union struck the employer. On April 2, 1980 a Circuit Court Judge ordered the teachers back to work. On April 4 and 14, 1980, the employer sent recall letters to the teachers notifying them to return by April 18, 1980. Claimant left for England on April 14, 1980 and did not return until April 22, 1980. Her father called her in England and told her the strike had ended. She requested he call the school. He called on April 18, 1980 and said she was ill.
DECISION: Claimant is disqualified for benefits pursuant to Section 29(1)(b).
RATIONALE: "The MESC Board of Review is vested with independent duty as well as plenary authority to decide each claimant's qualification for benefits without regard for the fact or nature of opposition, if any, by the employer or for that matter by the Commission itself ..."
"An employer's failure to assign a particular episode as reason for discharge does not affect the Board's finding of misconduct, so long as 'the testimonial record does actually contain evidence of such conduct.'"