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Chrysler Corp v Brown 7.15

Section 28(1)(c)

AVAILABILITY, Attachment to labor market, Restrictions on availability, Voluntary retirement

CITE AS: Chrysler Corp. v Brown, No. 79 907 580, Wayne Circuit Court (September 26, 1979)

Appeal pending: No

Claimant: Virgil Brown

Employer: Chrysler Corporation

Docket No: B77 9002 56154

CIRCUIT COURT HOLDING: Where a claimant whose customary work has been in heavy manufacturing voluntarily retires and limits availability to light janitorial work, the claimant is not attached to the labor market.

FACTS: The claimant voluntarily retired after working 30 years doing "heavy work" in an auto plant. Claimant began seeking light work in a janitorial capacity. He had experience as a janitor prior to employment with Chrysler Corporation.

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

RATIONALE: "In the present case, Brown unduly restricted his availability to the single job preference of janitorial work. This constituted availability for about 17% of the jobs he was qualified to perform by past experience or training. This does not constitute genuine attachment to the labor market."

"The fact that Brown had unilaterally determined that he no longer preferred to perform heavy work did not make heavy work legally unsuitable."

"In summary, there is nothing in the statute nor in case law that permits a claimant to define the labor market for his skills based solely on his subjective preference for a particular job as opposed to his objective qualifications for a labor market."


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