05. Denial Periods

Brannen v Grand Rapids Public Schools – 5.19

Brannen v Grand Rapids Public Schools
Digest no. 5.19

Section 27(i)

Cite as: Brannen v Grand Rapids Pub Schools, unpublished opinion of the Kent Circuit Court, issued June 14, 1996 (Docket No. 95-5003-AE).

Appeal pending: No
Claimant: Malcolm E. Brannen
Employer: Grand Rapids Public Schools
Docket no.: B92-30594-R01-124781W
Date of decision: June 14, 1996

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CIRCUIT COURT HOLDING: Assurance of re-employment at 50% of the preceding years’ earnings is not a reasonable assurance of re-employment.

FACTS: The claimant was employed concurrently by two educational institutions. One was the Grand Rapids Public Schools [GRPS]. The other was Grand Rapids Community College [GRCC]. Seventy percent (70%) of his total earnings were the result of his work with the GRPS. The remaining 30% were from GRCC. In July 1992 the claimant was informed his position with the GRPS was being eliminated. At the end of the 1991-1992 academic year GRCC informed him he had a “reasonable assurance” of re-employment in the fall of `92. However, his earnings would be reduced from $14,000 to $7,000 a year if he was not re-employed by the GRPS. The claimant filed a claim for benefits on July 2, 1992. On July 30, 1992 he was recalled by the GRPS. On August 12, 1992 he was offered [and later accepted] a position as a full-time employee of the GRCC at $14,000 per year.

DECISION: The claimant was not subject to the school denial period contained in Section 27(i).

RATIONALE: GRPS conceded that with respect to the GRPS there was no reasonable assurance of continued employment. However, the GRPS asserted claimant should not receive benefits for the period between academic years as he had received “reasonable assurance” from GRCC. The court found that the GRCC had only guaranteed re-employment at half his previous earnings. The court concluded that the, “reasonably assured economic terms of his continued employment would by no stretch of the imagination be reasonably similar to those in the preceding year.”

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