Conley v. Director of the Division of Employment Security
Conley v. Director of the Division of Employment Security
Opinion of the Court
This is a petition for a review, under G. L. c. 151A, § 42 (as amended through St. 1954, c. 681, § 12), of a decision of the board of review (the board) of the division of employment security (the division) existing under G. L. c. 23, § 9N (b), as amended through St. 1951, c. 763, § 21 A. The board found that the petitioner did not meet the eligibility requirements for unemployment benefits, see c. 151A, § 24 (b), as appearing in St. 1951, c. 763, § 8,
The following proceedings within the division gave rise to the present appeal. After the petitioner had applied for and had received unemployment benefits for the period mentioned below, there was a redetermination (under c. 151 A, § 71) within the division of his eligibility for such benefits. This redetermination, issued by the director of the division on May 5, 1958, took place by reason of c. 151 A, § 29 (a), requiring a recipient of benefits to be “in total unemployment and otherwise eligible for benefits” (emphasis supplied) and of § 1 (r) (2) defining “[t]otal unemployment.”
The petitioner was laid off by his employer on September 28, 1957, because of lack of work. About October 1, the
On the issue whether the petitioner made adequate efforts to obtain employment, the review examiner found that from “the date of the . . . claim and during the weeks in dispute the . . . [petitioner] submitted the names of but six employers to whom he had applied for work.” For three weeks before March 1, 1958, he was “negotiating for the rental of a diner” and he began to operate it on March 1. The review examiner concluded that the petitioner “made but little effort during his long period of unemployment to secure work, and . . . that, because of this inadequate search for work, he did not meet the eligibility requirements.”
The petition to the District Court for review alleged that the “first hearing officer found that the petitioner was not unemployed,” but that, upon the later review, the decision, already mentioned, of the board was made based on the petitioner’s alleged failure to make efforts to secure work. No grounds of relief were stated unless the foregoing allegations constituted a statement of grounds.
1. General Laws c. 151 A, § 42, requires (a) that the action “of the board shall be reviewed [in the District Court] in accordance with the standards for review provided in”
The petition inadequately states the grounds on which review is sought, for both c. 151 A, § 42, and c. 30A, § 14, require more than was done here. Even if it be assumed, however, that the petition was adequate, we perceive no error by the board. The board decided that, because of the
2. A further issue was decided by the District Court judge and the director of the division upon wMch we comment, although we tMnk that it was not adequately raised by the petition for review. The judge pointed out that all pro
“No evidence was introduced at the hearing before the court as . . .to the contents of . . . [the] notice” and neither “the original nor a copy of the notice” was before the court. The judge had no basis in the record for a ruling on this point. The adequacy of the board’s procedure was not mentioned as a ground for review, nor does the record show that any question about the adequacy of the notice was raised before the board by the petitioner’s counsel. In any event, the hearing before the board was on the petitioner’s appeal from action within the division by (or in behalf of) the director on the broad issue of the petitioner’s eligibility to receive benefits. Although the director had denied him benefits under c. 151A, § 29 (a), and § 1 (r) (2), the former of these sections referred not only to the requirement that a recipient be in “total unemployment” but also to a requirement, already quoted, that he be “otherwise eligible for benefits.” This essentially incorporated in § 29 (a) by reference the eligibility requirements of § 24. Upon his own appeal to the board it was incumbent upon the petitioner to sustain his burden of proof (see Farrar v. Director of Div. of Employment Security, 324 Mass. 45, 50) as to all aspects of his eligibility for benefits. See Pizura v. Director of Div. of Employment Security, 331 Mass. 286, 291-292.
3. The decision of the District Court is reversed. A decision is to be entered adjudging the claim to be invalid and the decision of the board to be correct.
So ordered.
See later amendment by St. 1958, c. 437, § 1, not here relevant.
Section 1 (r) (2) contains the following definition: “‘Total unemployment,’ an individual shall be deemed to be in total unemployment in any week in which he performs no wage-earning services whatever, and for which he receives no remuneration, and in which, though capable of and available for work, he is unable to obtain any suitable work . . .” (emphasis supplied).
The standards stated in § 14 (8) require correction or modification of the board’s decision in this adjudicatory proceeding (see G. L. c. 30A, § 1) if “substantial rights of any party . . . have been prejudiced because the . . . [agency’s] decision [was] . . . (c) [b]ased upon an error of law; or (d) [m]ode upon unlawful procedure; or (e) [unsupported by substantial evidence; or ...(g) [arbitrary or capricious ... or otherwise not in accordance with law.”
The report of the District Court judge indicates that he erroneously (see c. 30A, § 14, and c. 151A, § 42) took some further evidence on matters other than the procedure in the division and before the board. This, however, is immaterial in view of our disposition of this case.
Reference
- Full Case Name
- Francis H. Conley v. Director of the Division of Employment Security & another
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- 19 cases
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- Published