05. Denial Periods

Minick v Ann Arbor Public Schools – 5.17

Minick v Ann Arbor Public Schools
Digest no. 5.17

Section 27(i)

Cite as: Minick v Ann Arbor Pub Schools, unpublished opinion of the Washtenaw County Circuit Court, issued April 30, 1991 (Docket No. 90-39906 AE).

Appeal pending: No
Claimant: Timothy Minick
Employer: Ann Arbor Public Schools
Docket no.: B89-10215-113204W
Date of decision: April 30, 1991

View/download the full decision

COURT OF APPEALS HOLDING: A school district claimant may be subject to the school denial period even if employed at a non-school location if his or her employment is linked to the academic year.

FACTS: Claimant was employed as a “library community assistant” by the Ann Arbor Community Schools. He enforced rules of behavior at the Ann Arbor Public Library which was operated by the school district. His contract provided he would work a maximum of 191 days, from the start of the school year until its conclusion. On May 22, 1989, the claimant was informed his last day of service would be May 31, 1989, and that he would be re-employed in the fall with his first day to be determined. He returned to work on September 1, 1989.

Claimant asserted he should not be subject to the school denial period. He argued the denial period had been expanded into an area not contemplated by the legislature — a public library system serving the public at large on a year-round basis. He further argued his services were in no way linked to the academic cycle. He contended Section 27(i) was intended to be applied to personnel whose services were linked to the academic year.

DECISION: The claimant was subject to the school denial period of the MES Act, Section 27(i).

RATIONALE: The court found a link existed between the claimant’s job and the academic year. The record indicated the need for library security coincided with the library’s use by students during the school year. The court also found that the claimant’s job category fell within the provisions of Section 27(i)(2) and that he was given reasonable assurance as he was informed his job would again be available in the fall.

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

05. Denial Periods

Gillette v Jackson Public Schools – 5.08

Gillette v Jackson Public Schools
Digest no. 5.08

Section 27(i)

Cite as: Gillette v Jackson Pub Schools, unpublished opinion of the Jackson County Circuit Court, issued July 14, 1980 (Docket No. 79 017594).

Appeal pending: No
Claimant: Kathleen A. Gillette, et al.
Employer: Jackson Public Schools
Docket no.: B76 19061 54930
Date of decision: July 14, 1980

View/download the full decision

CIRCUIT COURT HOLDING: Where Labor Day is the first day of a school district’s academic year, the week of the holiday is a compensable week.

FACTS: These appeals involved 10 teachers and a school bus driver.

“Claimant’s applications for Unemployment benefits for the week containing Labor Day were denied by the Michigan Unemployment Security Commission under Section 27(i)(2) and (4) of the Michigan Employment Security Act (MSA 17.529)(i)(2) and (4).”

DECISION: The week ending September 11, 1976 is a compensable week for the claimants.

RATIONALE: “Appellees base their position on Section 50(a) of the Act (MSA 17.554(a)) which provides: ‘Week’ means calendar week, ending at midnight Saturday … ‘”

“And Appellees argue that pursuant to Section 50(a) and then existing commission procedures, compensable weeks for unemployment benefits ran from Sunday through Saturday and if an individual was disqualified for one day of the week, he was disqualified for the entire week.”

“Appellees’ narrow interpretation of the Statute does not carry out the Declaration of Policy of the Act … ”

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