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Cite as: Gillette v Jackson Pub Schools, unpublished opinion of the Jackson County Circuit Court, issued July 14, 1980 (Docket No. 79 017594).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

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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:
11/90

Categories
05. Denial Periods

Michigan State Employees Association v MESC – 5.02

Michigan State Employees Association v MESC
Digest no. 5.02

Section 27(i)

Cite as: Michigan State Employees Ass’n v MESC, 94 Mich App 677 (1980); lv den, 408 Mich 952 (1980).

Appeal pending: No
Plaintiffs: Michigan State Employees Association, et al.
Defendants: Michigan Employment Security Commission, et al.
Docket no.:
Date of decision: January 9, 1980

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COURT OF APPEALS HOLDING: Application of the school denial period to instructional, research, professional and principal administrative employees of three named state schools is permitted by the United States Constitution.

FACTS: “The individual plaintiffs are a class of employees described as classified civil service employees of the State of Michigan employed in instructional, research, professional or principal administrative capacities at the State Technical Institute and Rehabilitation Center, the Michigan School for the Blind, and the Michigan School for the Deaf. They are normally employed 42 or 46 weeks per year being laid off during the summer close down of these institutions.”

DECISION: The plaintiffs’ complaint is dismissed.

RATIONALE: “The state’s failure to treat plaintiffs as it does other civil service employees who qualify for benefits during seasonal layoffs is not arbitrary and irrational. They are treated as are all other employees involved in the instruction and administration of local school and community college educational facilities. It appears that the legislature has uniformly excluded some seasonal employees from unemployment benefits for the purpose of protecting the fiscal integrity of the compensation program and possibly because the legislature held the opinion that employees know of the seasonal layoff well in advance (and may consider it an employment benefit) and are not faced with the same economic crunch’ as those who are unpredictably laid off during the year.

“The challenged statutory provision meets not only the ‘rational basis’ test, but also bears a ‘substantial relation’ to the purpose of the law.”

Digest Author: Board of Review (original digest here)
Digest Updated:
11/90

Categories
05. Denial Periods

Larkin v Bay City Public Schools – 5.01

Larkin v Bay City Public Schools
Digest no. 5.01

Section 27(i)

Cite as: Larkin v Bay City Pub Schools, 89 Mich App 199 (1979); lv den, 406 Mich 979 (1979).

Appeal pending: No
Claimant: Mary A. Larkin
Employer: Bay City Public Schools
Docket no.: B75 10784 50688
Date of decision: March 20, 1979

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COURT OF APPEALS HOLDING: (1) The denial period for school employees is constitutional. (2) Advance notice of termination is not early severance for a school employee. (3) An academic year is not affected by a claimant’s particular circumstances.

FACTS: The claimant, a hall monitor, did not work during the summer vacation periods. “By letter dated March 25, 1975, plaintiff was informed by the Bay City School District that it did not plan to rehire her for the 1975-1976 school year, and that her employment was terminated as of June 7, 1975.” The claimant was denied benefits for the summer. She was recalled in September, 1975.

DECISION: The claimant is subject to the school denial period under Section 27(i) of the Act.

RATIONALE: “First, the most reasonable interpretation of Section 27(i)(3) requires that mere giving of notice of a future termination date does not serve to presently abrogate the employment relationship.”

“Plaintiff contends that because she would not be reemployed in September, 1975, there is no succeeding academic year.”

“The existence of an academic year, as envisioned by the legislature, is to be determined by the objective criteria of the calendar established by the district, and not by the individual’s particular circumstances.”

“Finally, the record shows that plaintiff did, in fact, resume her work in September of 1975, thus mooting her claim.”

“[W]e conclude that the instant legislation is to be examined by the traditional rational basis standard under which it comes before us clothed with a presumption of constitutional validity.”

Digest Author: Board of Review (original digest here)
Digest Updated:
11/90