05. Denial Periods

MESC v Orchard View School District – 5.03

MESC v Orchard View School District
Digest no. 5.03

Section 27(i)

Cite as: MESC v Orchard View School Dist, unpublished opinion of the Muskegon Circuit Court, issued January 12, 1983 (Docket No. 82-16963 AV).

Appeal pending: No
Claimant: Susan D. Stone
Employer: Orchard View School District
Docket no.: ERB81 12652 80417
Date of decision: January 12, 1983

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CIRCUIT COURT HOLDING: Substitute teachers are not excepted from the school denial provisions of the Act.

FACTS: Claimant, a contract teacher, was laid off for lack of work. She applied for unemployment benefits and began working as a substitute teacher for Orchard View and Mona Shores School Districts. Mona Shores School District provided one or two days a week of substitute teaching. She was given assurance that she would be on the substitute teachers’ list for Mona Shores School District for the following semester.

DECISION: Claimant is ineligible for benefits.

RATIONALE: The Act itself does not spell out that substitute work for a contract full time teacher excepts Claimant from the denial provisions of the Act. “When exceptions are being dealt with, it is necessary that there be a strict interpretation of the Act.”

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