Rios Moreno v. Arizona Department of Economic Security

OPINION

GRANT, Presiding Judge.

This is an appeal from an Arizona Department of Economic Security (“DES”) decision denying a claim for unemployment benefits. DES determined that because ABCO Markets, Inc. (“ABCO” or “the store”) discharged appellant for work-related misconduct, he was disqualified for benefits pursuant to Ariz.Rev.Stat.Ann. (“A.R.S.”) section 23-775 (Supp.1993). The DES determination rested on a finding that appellant, a nonunion employee, should have known about a rule expressed only in a union contract. Because there is no evidence to support the agency’s conclusion, we…