07. Eligibility - Able & Available

Doe v Robert Carter Corp – 7.16

Doe v Robert Carter Corp
Digest no. 7.16

Section 28(1)(c)

Cite as: Doe v Robert Carter Corp, unpublished opinion of the Michigan Employment Security Board of Review, issued June 6, 1980 (Docket No. B78 02345 61033).

Appeal pending: No
Claimant: Arvin N. Doe
Employer: Robert Carter Corporation
Docket no.: B78 02345 61033
Date of decision: June 6, 1980

View/download the full decision

BOARD OF REVIEW HOLDING: (1) A plumber’s use of union hiring halls satisfies the availability and seeking work provisions of the Act. (2) Travel to a Florida home on a Sunday and Monday, and return travel to a Michigan home on a Friday and Saturday, does not affect the eligibility of a union plumber who contacts hiring halls in both states.

FACTS: Under penalty of a $500.00 union fine, a plumber limited himself to union work, obtained through union hiring halls. He traveled to his Florida home on a Sunday and Monday, contacted three union locals, and later returned to his Michigan home on a Friday and Saturday.

DECISION: The claimant is eligible for benefits.

RATIONALE: “[I]n Lange v Knight Newspapers, Inc, No. 63387 (Wayne Circuit Court, 1967), the court affirmed a unanimous appeal board decision that a claimant had satisfied the eligibility requirements of the MES Act by awaiting a telephone call from his local union for a work assignment where this was the customary way he had obtained employment in the past.”

“Obviously, while Mr. Doe was driving between his two homes he was not instantaneously available for and seeking work. But this is not the end of the analysis. If it were, serious eligibility questions would be posed by sleep, dining out, or going to the movies.”

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