Opinion
C.A. No. 07A-10-008 MMJ.
Submitted: April 22, 2008.
Decided: June 19, 2008.
Upon Appeal From a Decision of the Unemployment Insurance Appeal Board.
AFFIRMED.Desiree Blackwell, Pro Se.
Jeremy W. Homer, Esquire, Parkowski, Guerke Swayze, P.A., Dover, DE, Attorneys for Appellee Delaware Federal Credit Union
ORDER
Having reviewed the parties' submissions in the appeal of a decision of the Unemployment Insurance Appeal Board ("Board") affirming the decision of the Appeals Referee ("Referee"), affirming the decision of the Claims Deputy, and denying Desiree Blackwell's appeal, the Court concludes as follows:
1. Blackwell was employed by the Delaware Federal Credit Union from December 5, 2003 through June 11, 2007. Blackwell was employed as a teller. On June 11, 2007, Blackwell was terminated for excessive tardiness.
2. On June 10, 2007, Blackwell filed an application for unemployment benefits. On July 3, 2007, the Delaware Department of Labor Claims Deputy ("Claims Deputy") found the Credit Union demonstrated that Blackwell was terminated for violating the policy on attendance and punctuality. Thus, benefits were denied by decision of the Claims Deputy. On July 20, 2007, Blackwell filed an appeal. The Referee affirmed the decision of the Claims Deputy. The Referee found that Blackwell was discharged from her work for just cause.
3. On August 16, 2007, Blackwell filed an appeal with the Unemployment Insurance Appeal Board. The Board found that Blackwell was discharged for just cause as a result of excessive attendance problems. The Board affirmed the findings of the Referee.
4. On January, 30, 2008, Blackwell appealed the decision of the Board to this Court. On February 15, 2008, the Delaware Federal Credit Union filed an answering brief. On April 21, 2008, the Court sent Blackwell a Final Delinquent Brief Notice. Blackwell did not reply. Therefore, the Court will decide the issue on the papers that have been filed.
Super. Ct. R. 107(e).
5. Blackwell's Opening Brief recounts the incidents in which she believes she was unjustly penalized for being late to work. For example, Blackwell informs the Court that she was late because: her daughter was ill, her start time was adjusted, she got a flat tire and she stopped to give someone directions.
6. The Credit Union argues that the Board committed no error of law and the factual findings are supported by substantial evidence.
7. The Delaware Supreme Court and this Court repeatedly have emphasized the limited appellate review of the factual findings of an administrative agency. In reviewing the decisions of the agency, this Court must determine whether the findings and conclusions of the Board are free from legal error and supported by substantial evidence in the record. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. The appellate court does not weigh the evidence, determine questions of credibility, or make its own factual findings. It merely determines if the evidence is legally adequate to support the agency's factual findings.
General Motors v. Freeman, 164 A.2d 686, 688 (Del. 1960); Johnson v. Chrysler Corporation, 213 A.2d 64, 66-67 (Del. 1965).
Oceanport Ind. v. Wilmington Stevedores, 636 A.2d 892, 899 (Del. 1994); Battisa v. Chrysler Corp., 517 A.2d 295, 297 (Del.Super. 1986), app. dism., 515 A.2d 397 (Del. 1986).
Johnson, 213 A.2d at 66.
8. Throughout the many hearings before various officers and the Board, the record of Blackwell's excessive tardiness was well established. Blackwell does not deny she was late to work. Instead, Blackwell's appeal would have this Court weigh the evidence and decide in her favor. This is not the role of the Court. Blackwell's belief that her tardiness was excusable is not cause for reversal.
9. This Court finds the evidence is legally adequate to support the factual findings of the Board. In addition after reviewing the record, the Court finds the Board did not commit an error of law. THEREFORE, the decision of the Board denying Claimant unemployment insurance benefits is hereby AFFIRMED.
IT IS SO ORDERED.