Previous PageTable Of ContentsNext Page

Toney (General Motors Corp) 7.13

Section 28(1)(c)

AVAILABILITY, Customary occupation, Geographical area, Long distance move, Relocation while unemployed, Voluntary retirement

CITE AS: Toney (General Motors Corp.), 1979 BR 60610 (B77 19640).

Appeal pending: No

Claimant: Albert Toney

Employer: General Motors Corp.

Docket No: B77 19640 60610

BOARD OF REVIEW HOLDING: Where an individual's principal occupation has been machine operator, and the claimant voluntarily retires and moves to an area in which such work is unavailable, the claimant is not available for work.

FACTS: "The claimant voluntarily retired from his employment as a machine operator with the involved employer on June 30, 1977." He moved to Titusville, in Brevard County, Florida. "Claimant also testified that the area in Florida to which he relocated did not have any machine shops which offered the type of employment in which claimant had former work experience (T. of March 29, 1978 hearing p. 8)."

DECISION: The claimant does not meet the availability requirements of Section 28(1)(c) of the Act.

RATIONALE: "Claimant retired and moved to Florida. In doing so, he took himself out of a labor market which had substantial employment opportunities for persons in claimant's job classification (machinist). He moved from an area of high job concentration in his employment classification to an area of low industrialization and few, if any, opportunities for a machinist. From the record, it is obvious that claimant was not genuinely attached to the labor market and not genuinely desirous of finding work which by previous experience he was qualified to perform."


14, 15:NA

Previous PageTable Of ContentsNext Page