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Williams v Arnold Cleaners 16.42

Section 33, 36(1)

PROCEDURE, Evidence, Business records, Board Rule 207

CITE AS: Williams v Arnold Cleaners, 25 Mich App 672 (1970); lv den 384 Mich 788 (1970).

Appeal pending: No

Claimant: Louise V. Williams

Employer: Arnold Cleaners

Docket No: B67 5361 36096

COURT OF APPEALS HOLDING: If a proper foundation is established, it is permissible for a Referee to allow testimony regarding time records even if the records themselves are not introduced into evidence.

FACTS: Claimant was fired for allegedly failing to shut off a boiler before leaving work on a number of occasions. The Referee found claimant disqualified for misconduct. The claimant contended the Referee erred by, among other things, allowing testimony relating to the employer's time records without requiring they be introduced into evidence.

DECISION: The Referee conducted a proper hearing and there was sufficient evidence to support disqualification for misconduct.

RATIONALE: In reviewing the appeal the court interpreted an earlier version of current Board Rule 207. "Appellant contends that the failure to make the time records a part of the record was a dereliction of the referee's duty under the rule. However, in an administrative hearing, this procedure is acceptable if there is a foundation identifying such records and establishing that they are kept in the ordinary course of business. For the purposes of this hearing such a foundation was established. Giddens v Employment Security Commission (1966), 4 Mich App 526; District Unemployment Compensation Board v Wm. Hahn Co. (CADC, 1968), 399 F 2d 987."



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