{ "id": 8555463, "name": "IN THE MATTER OF: BALLARD C. COLLINGSWORTH, Appellee - and - CONE MILLS CORPORATION, Appellant - and - EMPLOYMENT SECURITY COMMISSION OF NORTH CAROLINA, Appellant", "name_abbreviation": "In re Collingsworth", "decision_date": "1973-02-14", "docket_number": "No. 7318SC15", "first_page": "340", "last_page": "344", "citations": [ { "type": "official", "cite": "17 N.C. App. 340" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "296 N.W. 636", "category": "reporters:state_regional", "reporter": "N.W.", "year": 1941, "opinion_index": 0 }, { "cite": "237 Wis. 249", "category": "reporters:state", "reporter": "Wis.", "case_ids": [ 8680580 ], "year": 1941, "opinion_index": 0, "case_paths": [ "/wis/237/0249-01" ] }, { "cite": "26 A.L.R. 3d 1333", "category": "reporters:specialty", "reporter": "A.L.R. 3d", "year": 1969, "pin_cites": [ { "page": "1341" } ], "opinion_index": 0 }, { "cite": "132 A. 2d 698", "category": "reporters:state_regional", "reporter": "A.2d", "year": 1957, "opinion_index": 0 }, { "cite": "183 Pa. Super. 344", "category": "reporters:state", "reporter": "Pa. Super.", "case_ids": [ 735244 ], "year": 1957, "opinion_index": 0, "case_paths": [ "/pa-super/183/0344-01" ] }, { "cite": "176 A. 2d 186", "category": "reporters:state_regional", "reporter": "A.2d", "year": 1961, "opinion_index": 0 }, { "cite": "196 Pa. Super. 574", "category": "reporters:state", "reporter": "Pa. Super.", "case_ids": [ 754920 ], "year": 1961, "opinion_index": 0, "case_paths": [ "/pa-super/196/0574-01" ] }, { "cite": "294 N.Y.S. 2d 130", "category": "reporters:state", "reporter": "N.Y.S.2d", "year": 1968, "opinion_index": 0 }, { "cite": "30 App. Div. 2d 1008", "category": "reporters:state", "reporter": "A.D.2d", "case_ids": [ 3216355, 3213933, 3220703 ], "year": 1968, "opinion_index": 0, "case_paths": [ "/ad2d/30/1008-01", "/ad2d/30/1008-02", "/ad2d/30/1008-03" ] }, { "cite": "111 N.W. 2d 817", "category": "reporters:state_regional", "reporter": "N.W.2d", "year": 1961, "opinion_index": 0 }, { "cite": "364 Mich. 538", "category": "reporters:state", "reporter": "Mich.", "case_ids": [ 1883437 ], "year": 1961, "opinion_index": 0, "case_paths": [ "/mich/364/0538-01" ] }, { "cite": "223 So. 2d 214", "category": "reporters:state_regional", "reporter": "So. 2d", "case_ids": [ 11291782 ], "year": 1969, "opinion_index": 0, "case_paths": [ "/so2d/223/0214-01" ] }, { "cite": "162 Colo. 292", "category": "reporters:state", "reporter": "Colo.", "case_ids": [ 4667877 ], "weight": 2, "year": 1967, "opinion_index": 0, "case_paths": [ "/colo/162/0292-01" ] }, { "cite": "146 A.L.R. 243", "category": "reporters:specialty", "reporter": "A.L.R.", "year": 1943, "opinion_index": 0 }, { "cite": "151 N.W. 2d 136", "category": "reporters:state_regional", "reporter": "N.W.2d", "year": 1967, "opinion_index": 0 }, { "cite": "35 Wis. 2d 332", "category": "reporters:state", "reporter": "Wis. 2d", "case_ids": [ 8671414 ], "year": 1967, "opinion_index": 0, "case_paths": [ "/wis-2d/35/0332-01" ] }, { "cite": "219 Tenn. 400", "category": "reporters:state", "reporter": "Tenn.", "case_ids": [ 8509789 ], "weight": 2, "year": 1966, "opinion_index": 0, "case_paths": [ "/tenn/219/0400-01" ] }, { "cite": "230 N.E. 2d 376", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1967, "opinion_index": 0 }, { "cite": "12 Ohio Misc. 34", "category": "reporters:state", "reporter": "Ohio Misc.", "year": 1967, "opinion_index": 0 }, { "cite": "224 N.E. 2d 72", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1966, "opinion_index": 0 }, { "cite": "19 N.Y. 2d 1", "category": "reporters:state", "reporter": "N.Y.2d", "case_ids": [ 2278083 ], "year": 1966, "opinion_index": 0, "case_paths": [ "/ny-2d/19/0001-01" ] }, { "cite": "84 Nev. 37", "category": "reporters:state", "reporter": "Nev.", "case_ids": [ 4891504 ], "weight": 2, "year": 1968, "opinion_index": 0, "case_paths": [ "/nev/84/0037-01" ] }, { "cite": "151 N.W. 2d 181", "category": "reporters:state_regional", "reporter": "N.W.2d", "year": 1967, "opinion_index": 0 }, { "cite": "7 Mich. App. 58", "category": "reporters:state", "reporter": "Mich. App.", "case_ids": [ 2023686 ], "year": 1967, "opinion_index": 0, "case_paths": [ "/mich-app/7/0058-01" ] }, { "cite": "191 So. 2d 349", "category": "reporters:state_regional", "reporter": "So. 2d", "case_ids": [ 9836938 ], "year": 1966, "opinion_index": 0, "case_paths": [ "/so2d/191/0349-01" ] }, { "cite": "237 N.E. 2d 263", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1968, "opinion_index": 0 }, { "cite": "143 Ind. App. 12", "category": "reporters:state", "reporter": "Ind. App.", "case_ids": [ 1558910 ], "year": 1968, "opinion_index": 0, "case_paths": [ "/ind-app/143/0012-01" ] }, { "cite": "91 Idaho 312", "category": "reporters:state", "reporter": "Idaho", "case_ids": [ 8584640 ], "weight": 2, "year": 1966, "opinion_index": 0, "case_paths": [ "/idaho/91/0312-01" ] }, { "cite": "241 So. 2d 422", "category": "reporters:state_regional", "reporter": "So. 2d", "case_ids": [ 9730646 ], "year": 1970, "opinion_index": 0, "case_paths": [ "/so2d/241/0422-01" ] }, { "cite": "235 A. 2d 271", "category": "reporters:state_regional", "reporter": "A.2d", "case_ids": [ 8071086 ], "year": 1967, "opinion_index": 0, "case_paths": [ "/a2d/235/0271-01" ] }, { "cite": "234 A. 2d 372", "category": "reporters:state_regional", "reporter": "A.2d", "year": 1966, "opinion_index": 0 }, { "cite": "27 Conn. Sup. 215", "category": "reporters:state", "reporter": "Conn. Super. Ct.", "year": 1966, "opinion_index": 0 }, { "cite": "95 S.E. 2d 919", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1957, "opinion_index": 0 }, { "cite": "245 N.C. 405", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8612199 ], "year": 1957, "opinion_index": 0, "case_paths": [ "/nc/245/0405-01" ] }, { "cite": "130 S.E. 2d 292", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1963, "opinion_index": 0 }, { "cite": "259 N.C. 190", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8559687 ], "year": 1963, "opinion_index": 0, "case_paths": [ "/nc/259/0190-01" ] } ], "analysis": { "cardinality": 615, "char_count": 10015, "ocr_confidence": 0.568, "pagerank": { "raw": 8.826429755821518e-07, "percentile": 0.9780195679362002 }, "sha256": "b3d215130f0941bc91953835ede520a74193bcc1eb038daf0df32bcab3830593", "simhash": "1:714b1079e12fa679", "word_count": 1587 }, "last_updated": "2023-07-14T17:26:57.402584+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges Parker and Vaughn concur." ], "parties": [ "IN THE MATTER OF: BALLARD C. COLLINGSWORTH, Appellee \u2014 and \u2014 CONE MILLS CORPORATION, Appellant \u2014 and \u2014 EMPLOYMENT SECURITY COMMISSION OF NORTH CAROLINA, Appellant" ], "opinions": [ { "text": "BRITT, Judge.\nBy their assignments of error appellants contend the superior court erred in concluding that claimant\u2019s discharge was not due to misconduct and reversing the decision of the Commission chairman.\nThe facts found by the Commission chairman are supported by competent evidence and therefore are binding upon review. In re Abernathy, 259 N.C. 190, 130 S.E. 2d 292 (1963). Pursuant to G.S. 96-15 (b) (2) (i) the superior court adopted these facts but concluded that upon the facts found claimant\u2019s behavior did not constitute \u201cmisconduct\u201d within the meaning of G.S. 96-14(2) which in pertinent part provides: \u201cAn individual shall be disqualified for benefits ... if it is determined by the Commission that such individual is, at the time such claim is filed, unemployed because he was discharged for misconduct connected with his work. . . .\u201d\n\u201cMisconduct\u201d is not defined within the statute and our research does not disclose a North Carolina decision defining the term in its industrial sense. In the case of In re Stutts, 245 N.C. 405, 95 S.E. 2d 919 (1957), the Supreme Court affirmed a superior court ruling which in turn had affirmed the Commission\u2019s conclusion that a claimant who had willfully disobeyed an employer\u2019s rule that he (claimant) not make weight changes in the machine he operated was discharged for misconduct connected with his work. \u201cMisconduct\u201d was not specifically defined in Stutts although presumably claimant\u2019s willful disobedience of his employer\u2019s rule amounted to misconduct.\nAppellants contend that claimant\u2019s refusal to wear a protective ear device amounted to an intentional, willful violation of his employer\u2019s policy and interests and that such behavior must be termed \u201cmisconduct\u201d as used in the industrial sense. We agree.\nIn their briefs, which indicate thorough research, appellants point out that their research failed to disclose a decision which has ruled on a discharge resulting from employee refusal to comply with employer policy made mandatory by the Occupational Safety and Health Act of 1970 (pursuant to which Cone Mills instituted its ear protection policy).\nOur research, likewise, fails to reveal such a decision from any jurisdiction but apparently jurisdictions which have considered what constitutes \u201cmisconduct\u201d sufficient to disqualify a discharged employee from receiving unemployment compensation \u201c . . . sustain the rule that in order to constitute \u2018misconduct\u2019 ... an act must show a wanton or wilful disregard for the employer\u2019s interests, a deliberate violation of the employer\u2019s rules, or a wrongful intent.\u201d Sturges v. Administrator, Unemployment Comp. Act, 27 Conn. Sup. 215, 234 A. 2d 372 (1966); Abex Corp. v. Todd, 235 A. 2d 271 (Del. Sup. 1967); Earp v. Florida Department of Commerce, et ad., 241 So. 2d 422 (Fla. App. 1970); Oliver v. Creamer Heating & Appliance, 91 Idaho 312, 420 P. 2d 795 (1966); American Steel Foundaries, Inc. v. Review Bd. of Ind. E.S.D., 143 Ind. App. 12, 237 N.E. 2d 263 (1968); Hall v. Doyal, 191 So. 2d 349 (La. App. 1966); Fresta v. Miller, 7 Mich. App. 58, 151 N.W. 2d 181 (1967); Barnum v. Williams, 84 Nev. 37, 436 P. 2d 219 (1968); Claim of Heitzenrater, 19 N.Y. 2d 1, 224 N.E. 2d 72 (1966); Harp v. Administrator, Bureau of Unemployment Comp., 12 Ohio Misc. 34, 230 N.E. 2d 376 (1967); Troutt v. Carl K. Wilson Company, 219 Tenn. 400, 410 S.W. 2d 177 (1966); Fitzgerald v. Globe-Union, Inc., 35 Wis. 2d 332, 151 N.W. 2d 136 (1967). Annot., 146 A.L.R. 243 (1943).\nMany cases have held or recognized that where an employee was discharged for disobeying \u201ca reasonable directive\u201d of his superior such behavior amounted to \u201cinsubordinate disobedience\u201d or \u201cmisconduct\u201d sufficient to prohibit an award of unemployment compensation. Sayers v. American Janitorial Service, Inc., 162 Colo. 292, 425 P. 2d 693 (1967); Rankin v. Doyal, 223 So. 2d 214 (La. App. 1969); Carter v. Michigan Employment Security Comm., 364 Mich. 538, 111 N.W. 2d 817 (1961); Simonetta v. Catherwood, 30 App. Div. 2d 1008, 294 N.Y.S. 2d 130 (1968); Fritsche v. Unemployment Compensation Board of Review, 196 Pa. Super. 574, 176 A. 2d 186 (1961); Smolensky v. Unemployment Compensation Board of Review, 183 Pa. Super. 344, 132 A. 2d 698 (1957). Annot., 26 A.L.R. 3d 1333, 1341 (1969).\nOne of the most widely quoted definitions of \u201cmisconduct\u201d as it relates to unemployment compensation statutes was stated by the Wisconsin Court in Boynton Cab Co. v. Neubeck, 237 Wis. 249, 296 N.W. 636 (1941) and we quote it with approval:\n\u201c * * * [T]he term \u2018misconduct\u2019 [in connection with one\u2019s work] is limited to conduct evincing such wilful or wanton disregard of an employer\u2019s interest as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer\u2019s interests or of the employee\u2019s duties and obligations to his employer. * * *\u201d\nCone Mills\u2019 imposition of the rule in the case at bar was not arbitrary but was in compliance with a federal requirement and must be considered reasonable since promulgated for health and safety purposes. Claimant does not argue that his violation of the rule was unintentional; the findings of fact fully support the conclusion that his refusal to obey the rule was deliberate.\nFor the reasons stated, we hold that the judgment of the superior court was erroneous and must be\nReversed.\nJudges Parker and Vaughn concur.", "type": "majority", "author": "BRITT, Judge." } ], "attorneys": [ "Eugene G. Shaw, Jr., for claimant appellee.", "McLendon, Brim, Brooks, Pierce & Daniels by Thornton H. Brooks; H. J. Elam III, and Charles P. Younce for Cone Mills Corporation appellant.", "Howard G. Doyle, H. D. Harrison, Garland D. Crenshaw and D. G. Ball for Employment Security Commission- of North Carolina appellant." ], "corrections": "", "head_matter": "IN THE MATTER OF: BALLARD C. COLLINGSWORTH, Appellee \u2014 and \u2014 CONE MILLS CORPORATION, Appellant \u2014 and \u2014 EMPLOYMENT SECURITY COMMISSION OF NORTH CAROLINA, Appellant\nNo. 7318SC15\n(Filed 14 February 1973)\nMaster and Servant \u00a7 108\u2014 unemployment compensation \u2014 refusal to wear ear protective devices \u2014 discharge for misconduct\nClaimant\u2019s discharge for wilful refusal to wear ear protective devices as required by employer policy made mandatory by the Occupational Safety and Health Act of 1970 constituted a discharge for misconduct connected with his employment within the meaning of G.S. 96-14(2), and the Chairman of the Employment Security Commission properly concluded that claimant was disqualified from receiving unemployment compensation for five weeks by reason of such discharge.\nAppeal by Cone Mills Corporation and the Employment Security Commission of North Carolina from Exum, Judge, at the 6 March 1972 Civil Session of Guilford Superior Court.\nThis action arises from a claim for unemployment compensation filed with the Employment Security Commission of North Carolina (Commission) by Ballard C. Collingsworth (claimant), formerly employed by Cone Mills Corporation (Cone Mills).\nA hearing was held before the Chairman of the Commission following claimant\u2019s appeal from the Appeals Deputy\u2019s decision that claimant be disqualified for unemployment benefits for five weeks from 24 August 1971 through 27 September 1971 \u201cbecause of separation.\u201d An appeal had been taken to the Appeals Deputy from a decision of the Claims Deputy who determined that claimant was disqualified from unemployment benefits for eleven weeks from 24 August 1971 through 8 November 1971 \u201cbecause of separation.\u201d\nThe Commission chairman made the following findings of fact: Claimant had been employed by Cone Mills as a loom fixer at a $3.14 hourly wage for just over one year on 23 August 1971, the date of his discharge. He filed a claim for benefits on 24 August 1971 and this claim continued for one week. Throughout all its plants in compliance with a federal requirement, Cone Mills had adopted a policy whereby all employees who worked in an area having a noise level of 90 decibels or more were required to wear some type of an ear protection device. Cone Mills provided four different types of ear protectors: a soft plastic insert, an ear muff, a silicone plug, and Swedish wool. Climaint inserted soft plastic plugs in his ears for some thirty minutes and found them unsatisfactory. Terming the earplugs a \u201cbunch of foolishness\u201d he then refused to utilize any type of ear protection device. Cone Mills exempted an employee from this requirement if medical authority. determined that the ear protectors \u201cwould be detrimental to a particular individual.\u201d Claimant refused to have a medical evaluation at Cone Mills\u2019 expense from an ear specialist of his choice. Cone Mills then offered to transfer claimant to a plant area where the noise level would be below 90 decibels. Claimant refused the transfer because his wages might be less than those of a loom fixer. Cone Mills\u2019 supervisor personnel held conferences with claimant and told him he would be discharged unless he wore ear protection devices or secured medical exemption. Claimant refused all suggested alternatives and was discharged.\nThe Commission chairman concluded as a matter of law that claimant was discharged for misconduct connected with his employment because he willfully and deliberately violated a company rule reasonably and necessarily imposed. The Commission chairman determined that pursuant to G.S. 96-14(2) such misconduct subjected claimant to disqualification from receiving unemployment insurance benefits for five weeks beginning 24 August 1971 through 27 September 1971.\nClaimant appealed to the superior court which adopted in toto the findings of fact made by the Commission chairman but concluded that the discharge \u201cresulted from an honest difference over company policy .and not from any misconduct on the part of this employee.\u201d From judgment reversing the Commission chairman\u2019s decision, Cone Mills and the Commission appealed.\nEugene G. Shaw, Jr., for claimant appellee.\nMcLendon, Brim, Brooks, Pierce & Daniels by Thornton H. Brooks; H. J. Elam III, and Charles P. Younce for Cone Mills Corporation appellant.\nHoward G. Doyle, H. D. Harrison, Garland D. Crenshaw and D. G. Ball for Employment Security Commission- of North Carolina appellant." }, "file_name": "0340-01", "first_page_order": 364, "last_page_order": 368 }