07. Eligibility - Able & Available

Spohn v MESC – 7.26

Spohn v MESC
Digest no. 7.26

Section 28(1)(c)

Cite as: Spohn v MESC, 342 Mich 432 (1955).

Appeal pending:
Claimant: James N. Spohn
Employer: J.A. Utley Company
Docket no.: B53 1530 15235
Date of decision: June 6, 1955

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HOLDING: Claimant is able and available to perform full time work if the non-union work he rejects would entail the acceptance of substandard wages and conditions.

FACTS: After being laid off, claimant only applied for work at his union hall and the employment security office. Employer’s position was that claimant restricted his availability and was ineligible. There was non-union work advertised. Claimant did not apply if job was non-union. Claimant’s business agent told him he could not take non-union work. The advertisements referred to by the employer required several carpenters to bid on a job and assume the risk that they would earn substandard rates. Claimant’s previous employment had been for fixed wages.

DECISION: Eligibility affirmed.

RATIONALE: The issue was not claimant’s refusal to accept non-union work, but the suitability of the work offered in the ads. The type of commission work offered was unsuitable i.e. “the remuneration … or other conditions … are substantially less favorable to the individual than those prevailing for similar work in the locality.”

Digest Author: Board of Review (view original digest here)
Digest Updated: June 1991