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Giles v. F & P America Manufacturing9/16/2005
{ } Apellant Mark A. Giles appeals from a judgment of the Miami County Common Pleas Court affirming a decision of the Unemployment Compensation Review Commission (hereinafter the Commission) that he is not entitled to unemployment compensation. Giles contends that the decision of the Commission is not supported by the record, and that he was not terminated for just cause. He also contends that the trial court failed to comply with R.C. 4141.282(H). Finally, Giles claims that the Commission failed to comply with the orders of the trial court with regard to the admission of certain evidence.
{ } We conclude that there is evidence in the record to support the finding of the Commission that Giles was dismissed for just cause. We further find that the trial court did comply with the appropriate statutory law with regard to this case. Finally, we conclude that any error of the Commission with regard to the evidence cited by Giles was not prejudicial.
{ } Accordingly, the judgment of the trial court is affirmed.
I.
{ } Giles was employed by F & P America Mfg. Inc. (hereinafter FPA) as a "Facilities Technician" from October, 1997 until his termination on February 13, 2002. Following his termination, Giles filed a claim for unemployment benefits. The claim was denied by the Ohio Department of Job and Family Services (hereinafter ODJFS). Giles then filed an appeal of the denial; however, ODJFS affirmed its previous denial.
{ } Giles filed another appeal, and ODJFS transferred jurisdiction of the appeal to the Ohio Unemployment Compensation Review Commission (hereinafter the Commission). In July of 2002, an evidentiary hearing was conducted before a Commission hearing officer. The hearing officer subsequently issued a decision affirming the denial of benefits based upon a finding that the termination was for just cause. Following the determination of the hearing officer, Giles filed a request for further review. Following review by the full Commission, the decision of the hearing officer and the ODJFS was affirmed.
{ } Thereafter, Giles filed his first appeal with the Miami County Common Pleas Court. That court determined that the record certified on appeal was deficient with regard to certain evidence, reversed the Commission's order, and remanded the matter for further proceedings.
{ } Following remand, a second evidentiary hearing was conducted before a different hearing officer. The hearing officer affirmed the denial of benefits, again finding that Giles was terminated for just cause. Giles filed a second appeal with the Common Pleas Court. The Common Pleas Court determined that the decision to deny benefits and the Commission's finding that Giles was terminated for just cause were supported by the evidence. The Common Pleas Court therefore affirmed the decision of the Commission and the ODJFS.
{ } Giles filed an appeal with this court. Following briefing by the parties, Giles filed a motion with this court seeking to "dismiss" exhibits "12, 13 & 14" attached to the appellate brief of ODJFS as well as exhibits "B and C" attached to the brief of F&P. We note that exhibits B, 12, 13 and 14 are copies of documents that are contained within the record certified on appeal to the common pleas court. Thus, there is no basis for the motion to dismiss or strike these exhibits. Furthermore, we note that exhibit C is merely a copy of an unreported Ohio appellate decision cited by F&P in its brief. Pursuant to Local Rule Nine of this court, parties are required to attach copies of unreported cases to their appellate briefs. Thus, we again find this motion without merit and overrule it herewith.
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