Court of Appeals of Missouri, Western District, First Division
from the Labor and Industrial Relations Commission
Before: Thomas H. Newton, Presiding Judge, Cynthia L. Martin,
Judge and Edward R. Ardini, Jr., Judge
Cynthia L. Martin, Judge
Piloski ("Piloski") appeals the decision of the
Labor and Industrial Relations Commission
("Commission") denying him unemployment benefits
following his resignation from FTL Nimbus, LLC, d/b/a
Automation Service ("Employer"). Piloski argues
that the Commission erred in concluding that he voluntarily
left work without good cause attributable to Employer. We
affirm the Commission's decision.
and Procedural Background
was hired by Employer's predecessor in October 2007,
after Piloski responded to an advertisement for a welder
position that indicated "Will work in clean, A/C
environment." After he was hired, Piloski and one other
welder welded flow control systems, work that had to be done
in a temperature controlled "clean room." Two other
welders worked outside the clean room welding valve bodies
and valve balls that did not have to be welded in a clean
room. Piloski was occasionally required to weld outside the
clean room to fill in for a welder working in that area. This
occurred on average once or twice a month, and usually for
thirty to sixty minutes at a time.
acquired the business that had hired Piloski in August 2013.
After Employer acquired the business, Piloski was again
periodically asked to perform welding work outside the clean
room. Piloski refused, telling Employer he had not been hired
to work outside the clean room. Piloski's supervisors
consulted with the human resources department, and were told
that Piloski needed to work where ordered to work.
Nonetheless, for some period of time, Piloski's
supervisors appear to have acquiesced in Piloski's
objection to working outside of the clean room.
however, in early August 2015, Employer told Piloski and the
other clean room welder that they would each be required to
work outside the clean room for two hours per day. The valve
bodies and valve balls welded outside the clean room could
contain chemical residue which, when heated, could give off
fumes. Employer provided a fume extractor to catch any
chemical residue fumes. When Piloski was required to work
outside the clean room, he was the only welder doing so, and
had exclusive access to the fume extractor.
approximately August 15, 2015, Piloski was told by Employer
that he and the other clean room welder would be required to
work alternating weeks outside the clean room because a
welder in that area had quit. Piloski believed Employer was
moving to having him work outside the clean room more
regularly on a permanent basis.
August 17, 2015, Piloski told Employer that he experienced
chemical residue fumes working outside the clean room and got
a headache. Piloski told Employer he would not work outside
the clean room anymore.
August 18, 2015, Employer met with Piloski. Piloski told
Employer he had been hired to be a welder in the clean room.
Employer told Piloski he had been hired to be a welder.
Piloski raised concerns about chemical fumes that could
result from welding outside the clean room. Employer told
Piloski that whenever he was assigned to work outside the
clean room, he would be the only welder in the area, and
would have exclusive use of the fume extractor.
this meeting, Employer told Piloski that if he refused to
weld outside the clean room, he would be terminated for
insubordination. Piloski asked if he could resign. Employer
told Piloski that was his prerogative.
next day, Piloski reported for work as directed outside the
clean room. However, he submitted a resignation notice on
Employer's form indicating his resignation effective
September 11, 2015. Although the form provided space for
Piloski to explain why he was resigning, Piloski's
offered no written explanation. From August 19, 2015, until
September 11, 2015, Piloski worked as a welder where
instructed, including outside the clean room.
the effective date of his resignation, Piloski applied for
unemployment benefits. A deputy of the Division of Employment
Security ("Deputy") concluded that Piloski was
disqualified from receiving benefits because he voluntarily
quit work without showing good cause attributable to
Employer. The Deputy ...