LOWER APPEALS DECISION
|DECISION DATE: 06/5/91
|CLAIMANT: Robert T. Settle
||APPEAL NO.: 9107647
|EMPLOYER: Bill Rohrbaughs Charter Serv.
||L. O. NO.: 3
Issue: Whether the claimant was able, available and actively
seeking work, within the meaning of Section 4(c) of the Law.
- NOTICE OF RIGHT OF FURTHER APPEAL -
ANY INTERESTED PARTY TO THIS DECISION MAY REQUEST A REVIEW
AND SUCH PETITION FOR REVIEW MAY BE FILED IN ANY OFFICE
OF THE DEPARTMENT OF ECONOMIC AND EMPLOYMENT DEVELOPMENT,
OR WITH THE APPEALS DIVISION, ROOM 515, 1100 NORTH EUTAW
STREET, BALTIMORE, MARYLAND 21201, EITHER IN PERSON OR BY MAIL.
THE PERIOD FOR FILING A PETITION FOR REVIEW EXPIRES AT MIDNIGHT
ON June 20, 1991.
|For the Claimant:
Claimant - Present
| For the Employer:
Represented by: Judith L. Reed,
FINDINGS OF FACT
The claimant filed a claim for unemployment insurance benefits
establishing a benefit year, effective January 20, 1991
and a weekly benefit amount of $207.00. The Claims Examiner
denied the claimant benefits for the week beginning January
20, 1991 until meeting the requirements of the Law because
of a determination that the claimant was not able and
available and actively seeking work, within the meaning
of Section 4(c) of the Law.
The credible indicated that the claimant left his previous
employment on January 17, 1991. The claimant filed for
unemployment in the State of Maryland the following week.
Soon thereafter he was offered a position by the Carroll
County Detention Center which was to start sometime in
February, 1991. The claimant also work part-time for Bill
Rohrbaughs charter Service, Inc. The claimant has worked
for the Charter Service full-time in the past. The claimant
wished to obtain a position with the Carroll County Detention
Center since it paid a little more money and had better
benefits than the Charter Company. The claimant was notified
in late January and offered a full-time position as a
correctional officer. The position was to become effective February, 1991.
Due to the County and State budgetary problems the claimant
was never started his employment the County and the State
had a hiring freeze on all positions. The offer was retracted
by the warden approximately two months after the offer
was extended. The claimant eventually did not get his
job with the Carroll County Detention Center.
The claimant is also a part-time bus driver with Bill Rohrbaughs
Charter Services, Inc. The claimant had worked full-time
for them in the past and is presently working for them
full-time as of May 13, 1991. As of the time sequence
from January 20, 1991 onward, the claimant was offered
a full-time position with the Charter Company. The Charter
Company was willing to give him additional part-time hours
if he wished. The claimant was hoping that the State job
would come to fruition. The claimant was actively seeking
other employment but did not work all the available hours
offered by Bill Rohrbaughs Charter Services, Inc.
CONCLUSIONS OF LAW
Article 95A, Section 4(c) provides that a claimant for unemployment
insurance benefits must be (1) able and available for
work and (2) actively seeking work without restrictions
upon his/her availability for work. In Robinson v. Employment
Security Board (202 Md. 515). The Court of Appeals upheld
the principle that a claimant may not impose restrictions
upon his/her willingness to work and still be "available"
as the Statute requires.
In the instant
case, the claimant should have worked all available hours
with Bill Rohrbaughs Charter Services, Inc. The claimant
was hoping for the State job which never came to fruition.
The claimant waited on a reasonable amount of time for
the State to work out its budgetary problems. The claimant
was not able and available and actively seeking work,
within the meaning of Section 4(c) of the Law since he
did not work all the hours available at Bill Rohrbaughs
Charter Services, Inc.
The claimant was not able and available for work and not actively
seeking work, within the meaning of Section 4(c) of the
Law. The claimant is disqualified from the weeks beginning
January 20, 1991 until meeting the requirements of the Law.
The determination of the Claims Examiner is affirmed.
Kevin O'Neill Hearing Examiner
Date of Hearing: 5/29/91
ec/Specialist ID: 15703
Cassette No: 5296a
Copies mailed on 06/5/91 to:
Unemployment Insurance - Westminster (MABS)