DICKSON, Justice.
This is an appeal from the denial of unemployment insurance benefits to a claimant after her departure from employment because she was unable to perform skills required for her employment. We affirm the denial of her claim.
The relevant facts as found by the Department of Workforce Development ("Department")
Among its conclusions of law, the ALJ found that "the employer discharged the claimant for failing to pass the mandatory defensive training test," that "[t]he claimant should have known that there was a duty to maintain training levels in order to remain employed," that "[b]y failing to meet the training levels, the claimant no longer had the proper qualifications to meet the job requirements," and thus "that the claimant breached a duty reasonably owed to the employer and that the claimant was discharged for just cause as defined by Ind.Code § 22-4-15-1."
On appeal, Recker challenges "the Review Board's conclusion of ultimate fact— that she breached a duty reasonably owed to her employer and was discharged for just cause—[as] unreasonable and, thus, erroneous, in light of its findings of basic fact." Appellant's Br. at 6-7. She argues that (a) because her inability to perform a required task was not willful or intentional, she did not breach a duty owed to her employer, and (b) because the Indiana Unemployment Compensation Act was passed for the purpose of providing benefits to persons unemployed through no fault of their own she was not ineligible for benefits. Id. at 7-12.
The standard of review on appeal of a decision of the Board is threefold: (1) findings of basic fact are reviewed for substantial evidence; (2) findings of mixed questions of law and fact—ultimate facts— are reviewed for reasonableness; and (3) legal propositions are reviewed for correctness. McClain v. Review Bd. of Ind. Dep't of Workforce Dev., 693 N.E.2d 1314, 1318 (Ind.1998). Ultimate facts are facts that "involve an inference or deduction based on the findings of basic fact." Id. at 1317. Where such facts are within the "special competence of the Board," the Court will give greater deference to the Board's conclusions, broadening the scope of what can be considered reasonable. See id. at 1318. The claimant does not dispute the Board's findings of basic fact but rather only the reasonableness of its conclusion of ultimate fact. Appellant's Br. at 6.
With respect to Recker's first contention, that she did not breach a duty owed to her employer because her inability to perform a required task was not willful or intentional, she asserts that the duty owed her employer was merely "to perform to the best of her abilities." Appellant's Br. at 5. Conceding that "[i]t is true that [she] knew she would be discharged if
Under the Unemployment Compensation System established by the General Assembly, an individual is disqualified from receiving benefits if discharged for just cause by the most recent employer. Ind.Code § 22-4-15-1(a). The statute delineates nine non-exclusive scenarios that can amount to "discharge for just cause." Ind.Code § 22-4-15-1(d). Many, but not all, of these include an express or implied requirement for the employee's conduct to have been willful (e.g., "falsification of an employment application to obtain employment through subterfuge," "knowing violation" of certain employer rules, "damaging the employer's property through willful negligence," and "refusing to obey instructions"). Id. In the present case, Recker was denied benefits because she was discharged for just cause for a "breach of duty in connection with work which is reasonably owed an employer by an employee." Ind.Code § 22-4-15-1(d)(9). This basis for a just cause discharge does not explicitly condition a claimant's ineligibility on a requirement that the breach of duty must have been knowing, willful, or intentional. Thus, deferring for a moment any application of the "at fault" factor under Giovanoni, we first determine whether the Board's conclusion of ultimate fact—that Recker "breached a duty reasonably owed to [FedEx]"—was reasonable.
As the principal source for understanding the "breach of duty" ground for just cause discharge, the parties point to Hehr v. Review Bd. of Ind. Emp't Sec. Div., 534 N.E.2d 1122 (Ind.Ct.App.1989), trans. not sought. There the court cautions that "the `breach of duty' ground for just [cause] discharge is an amorphous one, without clearly ascertainable limits or definition, and with few rules governing its utilization." Id. at 1126. The court in Hehr explained:
Id. We agree.
We note, as a preliminary matter, that this is not a case that requires us to articulate the outer limits of the breach of duty ground for just cause discharge. Recker commenced her employment with FedEx fully informed that she would be subject to discharge if she did not successfully complete the mandatory training program. The offer letter expressly stated that the offer of employment was "contingent upon successful completion of ... all necessary training." Appellee's Supp. App'x at 42. These facts demonstrate that Recker had notice that failure to pass the driving test would be a violation of a duty owed to FedEx and would subject her to discharge. In addition, the ability to back up a truck is an intrinsic part of the work responsibilities of a courier for a parcel delivery company such as FedEx. Indeed, Recker acknowledges as much in her petition to transfer. Appellant's Trans. Br. at 4 ("[Recker] does not dispute that it was reasonable for [FedEx] to expect her to pass their driving test or that [FedEx] had a right to fire her for failing to do so."). As the Court of Appeals has observed, a claimant should reasonably expect a duty fundamental to the claimant's job. Byrd v. Review Bd. of Ind. Emp't Sec. Div., 469 N.E.2d 463, 465 (Ind.Ct.App. 1984), trans. not sought. Actual driving competence, not just mere good faith, was an integral component of Recker's employment duties. The Board's finding that she breached a duty reasonably owed to the employer is reasonable.
The employee also contends that her just cause discharge should not warrant a denial of her unemployment benefits because the purpose of the Indiana Unemployment Compensation Act is to provide benefits to persons unemployed through no fault of their own. Appellant's Br. at 11-12. She argues that "[t]he Review Board's decision to find her ineligible, even though passing the driving test was beyond her ability, stands in direct conflict" with this Court's recent opinion in Giovanoni. Id. at 12.
Giovanoni involved an appeal from a Review Board decision denying unemployment insurance benefits on grounds that the claimant-employee was discharged for just cause because of absences from work in violation of the employer's "no-fault" attendance rule. 927 N.E.2d. at 908-09. There, the relevant statutory bases bearing on whether the discharge was for just cause were (a) an employee's "knowing violation of a reasonable and uniformly enforced rule of an employer," and (b) an employee's "unsatisfactory attendance, if the individual cannot show good cause for absences or tardiness[.]" Id. at 909 (citing Ind.Code § 22-4-15-1(d)(2)-(3)). In Giovanoni, we held that a "`no-fault' attendance policy ... may form an appropriate basis for discharge from employment" but that eligibility for unemployment benefits following such discharge must consider "whether, under the totality of circumstances, an employee's absenteeism is the result of circumstances beyond that employee's control." 927 N.E.2d at 912. We concluded that disqualification from benefits is appropriate only if "[a]t a minimum, the claimant ... performed some volitional act or ... exercised some control over the circumstances resulting in the discharge from employment." Id. at 910.
As noted in Giovanoni, a claimant is not eligible for unemployment benefits when the individual has performed a "volitional act or ... exercised some control over the circumstances" resulting in her discharge. Id. at 910. We find that Recker's unsuccessful attempts to properly back up a truck were matters over which Recker had "some control" under the Giovanoni analysis. The ALJ's findings adopted by the Board acknowledge that Recker believed that her first two failures to pass the driving test in Oklahoma were the result of "clogged" ears, but the Board did not find this contention to be significant. Unlike the claimant in Giovanoni, who suffered from seizures and debilitating migraines, id. at 908, Recker makes no appellate claim that her inability to meet the job requirements was affected by a demonstrable impediment. It was reasonable for the Board to find that Recker was discharged for just cause and is therefore ineligible for benefits.
For these reasons, we affirm the Review Board's determination that Recker was discharged for just cause and is therefore disqualified from receiving unemployment insurance benefits.
SHEPARD, C.J., and SULLIVAN, RUCKER, and DAVID, JJ., concur.
The decisions of the ALJ and the Review Board in this case were each expressly labeled as a "Confidential Record" pursuant to Indiana Code Section 22-4-19-6. Appellant's App'x at 2, 5. In the course of this appeal, the Appellee's Appendix filed by the employer was identified as "Confidential," but the Appellant's Appendix filed by the employee was not so labeled, and it disclosed her full name. Both the claimant-appellant and the Board-appellee used only initials to identify the claimant in their briefs, but the briefs of both revealed the identity of the employer. Neither the claimant, the employer, nor the Review Board, made any affirmative request pursuant to Administrative Rule 9(G)(1.2) to continue the exclusion from public access the identities and information confidential under the statute and rule. Pursuant to Administrative Rule 9(G)(1.2), in light of the absence of an affirmative request for continued confidentiality of the identities of the employee and the employing entity, we fully identify the parties. As to the facts of the case that derive from the records of the Department and are discussed in this opinion, we deem such information to be public as essential to the resolution of the litigation and appropriate to further the establishment of precedent and the development of the law. Adm. R. 9(G)(3) and 9(G)(4)(d).