Summary
observing that the purpose of the law is to "assist those who are unfortunate enough to be involuntarily unemployed, but it is not intended to benefit those who capriciously refuse similar work for which they are reasonably fitted and for which they can receive wages prevailing for similar work in the community"
Summary of this case from Blake v. Admin'r of the Unemployment Review Comm'nOpinion
Nos. 31425 and 31426
Decided December 29, 1948.
Unemployment compensation — Claims allowed and compensation later suspended — Claimants reasonably fitted for work but did not accept referrals — Section 1345-6 a et seq., General Code.
APPEALS from the Court of Appeals for Lucas county.
The two cases were briefed and presented together because they involve similar questions.
Both claimants were employed by M. Flaum, a manufacturer of ladies' garments in the city of Toledo, Ohio. Each is a power sewing machine operator. Each was temporarily without employment for several weeks during the spring of 1945, due to a seasonal lull in the business.
Each filed a claim for unemployment compensation. Each claim was allowed. Then several weeks later each claimant was referred to a job with another employer. Each claimant refused to either investigate or accept the job. For this reason the compensation of each was then suspended by the administrator.
This action was approved by the referee and by the board of review.
On appeals to the Court of Common Pleas the decisions of the board were reversed but the ground for the reversals is not stated in the journal entries.
On appeals to the Court of Appeals on questions of law the judgments of the Court of Common Pleas were affirmed.
The cases are in this court by reason of the allowance of motions to certify the records.
Mr. Robert N. Zanville, for appellees.
Mr. Hugh S. Jenkins, attorney general, Mr. John M. Woy and Mr. Roland B. Lee, for appellants.
These controversies have resolved themselves into the sole question whether there is evidence in the records tending to show that the claimants were "reasonably fitted" for the work offered to them, as provided by Section 1345-6 a et seq., General Code. If so, the compensation was properly suspended.
In the first case the claimant said:
"I did not accept the referral.
"I work in the garment industry and earn $36 for 35 hours per week. I do not think I should have to accept a job paying so much less."
This statement discloses no complaint about not being reasonably fitted for the proffered alteration work in a store selling ladies' garments; and the administrator found that the wage offered the claimant by the store was the prevailing wage for that type of work in Toledo.
In another statement this claimant said:
"I did not accept this referral to Millers Vogue because I had been there once before to see about work before I was hired at Flaums. I did not want to work at Millers because the wages were low and the hours long. Working where I do I can get home early and take care of my husband's meals because he works at night. I am a worker at Flaums, and will return there when the season opens."
In the second case the claimant made the following similar statement:
"I talked with USES on 5/29/45 and they wanted to send me to the Hettrick Mfg. Co. as a sewing machine operator. I did not accept the referral. I have worked in the cloak and suit industry for 42 years and am now out of work due to a seasonal layoff. I expect to get back to work in a week or so."
The proffered work involved sewing heavier cloth and required some training. However, the administrator found that the claimant was reasonably fitted for that work and that the employer offered prevailing wages for similar work in the community.
Under such circumstances the administrator was justified in suspending the unemployment compensation. The purpose of this law is to assist those who are unfortunate enough to be involuntarily unemployed, but it is not intended to benefit those who capriciously refuse similar work for which they are reasonably fitted and for which they can receive wages prevailing for similar work in the community.
The judgments of the Court of Appeals must be reversed and the decisions of the board of review affirmed.
Judgments reversed.
WEYGANDT, C.J., TURNER, MATTHIAS, HART, SOHNGEN and STEWART, JJ., concur.
ZIMMERMAN, J., concurs in cause No. 31425, but dissents in cause No. 31426.