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02/09/88 CLIFTON LEE v. REVIEW BOARD INDIANA

Filed: February 9, 1988.

CLIFTON LEE, APPELLANT
v.
REVIEW BOARD OF THE INDIANA EMPLOYMENT SECURITY DIVISION, JOHN C. MOWRER, JOE A. HARRIS, AND NANETTE L. MCDERMOTT, AS MEMBERS OF AND AS CONSTITUTING THE REVIEW BOARD OF THE INDIANA EMPLOYMENT SECURITY DIVISION, AND BOB'S MARATHON AUTO CARE, APPELLEES



APPEAL FROM THE DECISION OF THE REVIEW BOARD OF THE INDIANA EMPLOYMENT SECURITY DIVISION Case No. 87-A-6007, 87-R-1041.

Neal, J., Ratliff, C.j. and Robertson, J. Concurring.

Author: Neal

STATEMENT OF THE CASE

NEAL, J.

Claimant-appellant, Clifton Lee (Lee), appeals the action of defendant-appellee, Review Board of the Indiana Employment Security Division (Review Board), denying his claim for unemployment benefits on account of the termination of his part-time employment at defendant-appellee, Bob's Marathon Auto Care (Bob's).

We affirm.

STATEMENT OF THE FACTS

Lee commenced working for Bob's in April or May of 1986. He was hired to relieve regular employees on a part-time basis, working only six to ten hours per week, mainly on Sundays, but sometimes on Saturdays. He was employed as a filling station attendant. His duties consisted of inside work, pumping gas, and driving a wrecker. Lee was primarily employed on a full-time basis with Quaker Auto Supply (Quaker's). His work at Quaker's increased, and he sometimes needed there on weekends. As a result Lee could not work for Bob's regularly on weekends, leaving the station understaffed in his absence. He was away from Bob's four or five weekends in September 1986, but returned in October. In January, 1987, Lee missed two consecutive weekends due to employment at Quaker's. Consequently, Bob's hired another employee, who was already working two to three days a week, to work weekends. When Lee returned Bob's manager informed his he would not fire the new man to let Lee work one day now and then. He also told him that if anything came up he would call Lee; nothing ever did. Lee's last workday at Bob's was on January 23, 1987. He was laid off at Quaker's on February 16, 1987.

A deputy for the Indiana Employment Security Division rules that Lee had left work voluntarily. His decision we reversed by a referee. On appeal the Review Board reversed the referee and reinstated the decision of the deputy, entering the following decision:

FINDINGS OF FACT:

The Claimant was a full-time employee of Quaker Auto Supply (Quaker). He was hired by Bob's Marathon Auto Care (Bob) to work on week-ends [sic] and at other times outside the hours of his full-time job.

Quaker's demands on his time increased and he was unable to work for Bob regularly on weekends. Bob had work for the Claimant and he was satisfied with his job performance, but he hired a replacement employee who was available when he was needed.

The Claimant was told that his position with Bob had been filled when he again ...


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