JOHN R. NELSON, APPELLANT,
v.
DADE COUNTY AVIATION DEPARTMENT, ET AL., APPELLEES

Fla. 3d DCA | 1993-03-16
No. 92-2129
Before NESBITT, JORGENSON and COPE, JJ.
616 So. 2d 56 Florida District Court of Appeal, Third District (1993) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

John Nelson, a union electrician, left temporary employment with Dade County Aviation Department to accept union work and was denied unemployment benefits. The court affirmed the denial, holding that Nelson did not qualify for the statutory exception allowing workers to leave temporary employment without disqualification when returning to a permanent employing unit, as the union was not his permanent employing unit under Florida law.


Holding

Nelson did not qualify for the exception because the union was not his permanent employing unit. The court affirmed the denial of unemployment benefits, holding that section 443.036(18)'s definition of employment unit did not support Nelson's argument that the union should be considered the permanent employing unit.


Headnotes

[1] An individual is disqualified from receiving unemployment benefits for voluntarily leaving work without good cause, unless they were temporarily employed and returned imm…

[2] A union, by itself, is not considered a 'permanent employing unit' for the purpose of an exception to unemployment benefit disqualification when an individual leaves temp…

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Key Quotes

“An individual shall not be disqualified under this subsection for voluntarily leaving temporary work to return immediately when called to work by the permanent employing unit that temporarily terminated his work within the previous 6 calendar months.”

Statement of the statutory exception Nelson invoked; the key phrase 'permanent employing unit' was interpreted to exclude the union in Nelson's case.

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Facts & Procedural History

In January 1992, Nelson, a union electrician, accepted temporary employment with Dade County Aviation Department after being unemployed in late 1991. …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant John R. Nelson was denied unemployment compensation benefits because, following a term of temporary employment, he did not return to the employer who had previously employed him, as required by section 443.101(l)(a)l., Florida Statutes (1991). Nelson argues that his actions came within the exception provided in section 443.101(l)(a)l., so as to entitle him to the unemployment benefits. We affirm the order under review.

In the second half of 1991, Nelson, a union electrician, was unemployed. In January 1992, he accepted a temporary position at the Dade County Aviation Department. On March 18, 1992, Nelson was notified that work was available through the union with full pay and benefits. He immediately left the temporary position and went to work for a union electrical contractor. Section 443.101(l)(a)l. provides that an individual who has voluntarily left work without good cause as defined in the statute shall be disqualified from receiving benefits. However, that section also provides that “[a]n individual shall not be disqualified under this subsection for voluntarily leaving temporary work to return immediately when called to work by the permanent employing unit that temporarily terminated his work within the previous 6 calendar months.” § 443.101(l)(a)l., Fla.Stat. (1991). (emphasis added)

For a number of years Nelson has worked for various employers through a referral system under his union labor contract. All of Nelson’s employment has been in the same trade and, he claims, under the same conditions expressly governed by the labor contract. Nelson points out that contractors contribute to a common fund for employee health insurance coverage and for retirement benefits. He argues that considering these facts, the union should be considered the employing unit and he should not be disqualified from receiving benefits.

The appeals referee found that Nelson voluntarily left his employment and that he did so because he had an opportunity to get union work, which was more advantageous to him. The decision of the appeals referee clearly reflects that the referee considered the argument that the union was an employment unit and rejected that argument. The referee’s decision observed that section 443.036(18) defines an employment unit in some detail and makes no provision for the situation outlined here.

The Unemployment Appeals Commission found the decision of the appeals referee to be in accord with the essential requirements of law. A reviewing court must defer to an agency’s interpretation of an operable statute as long as that interpretation is consistent with legislative intent and is supported by substantial competent evidence. Public Employees Relations Comm’n v. Dade County Police Benevolent Ass’n, 467 So. 2d 987 (Fla.1985). Here, the agency, familiar with the facts and the law, rejected Nelson’s argument.

Accordingly, the order under review is affirmed.


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Citator

Cited By

  • …statute as long as that interpretation is consistent with legislative intent and is supported by substantial, competent evidence.” Martinson v. Breit’s Tower Serv., Inc., 680 So. 2d 599, 599 (Fla. 3d DCA 1996); Nelson v. Dade County Aviation Dept., 616 So. 2d 56, 57 (Fla. 3d DCA 1993). In this ease, FDEP has the authority to interpret section 376.3078, which [*516] details eligibility for participation in the Cleanup Program. See Public Employees Relations Comm. v. Dade County Police Benevolent Ass’n, 467 S…
  • Turnberry Isle Resort & Club v. Madoc D. Fernandez, 666 So. 2d 254 (Fla. 3d DCA 1996)
    …nterpretation is consistent with legislative intent and is supported by substantial, competent evidence.” Public Employees Relations Comm’n v. Dade County Police Benevolent Ass’n, 467 So. 2d 987, 989 (Fla.1985); Nelson v. Dade County Aviation Dep’t, 616 So. 2d 56 (Fla. 3d DCA 1993). The Commission’s decision is not contrary to the language of section 443.091(2), Florida Statutes (1993), and the Commission, the agency entrusted with the interpretation of this section, rejected the employer’s argument. Sectio…

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