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Hinga v Brown Co 7.06

Section 28(1)(c)

AVAILABILITY, Non-union work, Supervisory position, Waiver of seeking work, Work history

CITE AS: Hinga v Brown Co., No. 78 3585 (Mich App, January 25, 1980)

Appeal pending: No

Claimant: Edward G. Hinga

Employer: Brown Co.

Docket No: B76 2157 50644

COURT OF APPEALS HOLDING: Where an individual seeks supervisory and non-union work, but is willing to accept non-supervisory and union work, such preferences do not make the claimant unavailable for work.

FACTS: The claimant had previously worked as an unskilled laborer and as a shipping supervisor. He concentrated his work search on supervisory and non-union positions. The claimant contacted four employers in seven months. A waiver of seeking work was in effect.

DECISION: The claimant was available for work.

RATIONALE: "We hold, after reviewing the record as a whole, that the referee's conclusion that plaintiff removed himself from the labor market is not supported by competent, material, and substantial evidence. The undisputed evidence showed that while plain tiff preferred supervisory work, he would take other work and while he preferred non-union work, he would accept union work. The referee erred when he held that this removed plaintiff from the labor market."

"[T]he commission waived the seeking work requirement as to all claimants in Kalamazoo County from 5/25/75 to 7/17/76. Thus, plaintiff was entitled to rely on the representation that he need not seek work in order to be eligible for benefits."



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