05. Denial Periods

Thompson v Chippewa Valley School District – 5.18

Thompson v Chippewa Valley School District
Digest no. 5.18

Section 27(i)

Cite as: Thompson v Chippewa Valley School Dist, unpublished opinion of the Macomb Circuit Court, issued August 28, 1997 (Docket No. 96-7631-AE).

Appeal pending: No
Claimant: Frances A. Thompson
Employer: Chippewa Valley School District
Docket no.: B93-15538-131205
Date of decision: August 28, 1997

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CIRCUIT COURT HOLDING: A claimant is ineligible under Section 27(i) where she has received reasonable assurance of re-employment, despite the fact the assigned employment included a 7% pay reduction.

FACTS: After a millage failure it was anticipated that bus drivers could expect a reduction of one hour to an hour and a half per day in the following year. Thereafter, the school system gave the claimant and other drivers a letter of assurance which indicated the employer believed it would re-employ them in positions similar to what they had in the prior academic year. Claimant asserted she would be experiencing a substantial reduction in hours. But claimant’s hourly earnings were raised from $13.38 to $14.32. The net reduction would be 7%, from $501 to $465 weekly. There was no adverse impact on her fringe benefits.

DECISION: Claimant is ineligible under the school denial provisions of Section 27(i).

RATIONALE: Denial of benefits to a school district employee is authorized under Section 27(9) if she was reasonably assured of re-employment and the economic terms and conditions of employment in the new year were reasonably similar to those of the preceding year.

Digest Author: Board of Review (original digest here)
Digest Updated: 7/99