Town of Mattapoisett v. Director of the Division of Employment Security
Town of Mattapoisett v. Director of the Division of Employment Security
Opinion of the Court
The town of Mattapoisett employed William Ramsey as a part-time police officer for two terms, September 30,1980, to April 30,1982. Ramsey’s claim for unemployment compensation was granted by the Division of Employment Security on January 4, 1982, on the basis of a determination that he was partially unemployed. A hearing was held on February 8, 1982, at the request of the employer and the claim for benefits was affirmed by the review examiner. The employer applied for further review. G. L. c. 151A, § 41. The board of review denied the application for review and therefore the decision of the director became the final decision of the board of review. Id. A judge of the Wareham District Court upheld the board’s decision and the employer appealed the case to this court. G. L. c. 151 A, § 42. The record before us
There is no material dispute concerning the facts. The claimant was hired as a part-time police officer. Under the terms of his employment contract he was to work whenever he was needed. The claimant understood that if no work was available in a given week he would not work. There were weeks when he worked up to seventy-two hours and other weeks when he did not work at all. The claimant did not refuse any work offered to him and always called to see if work was available. Based upon the foregoing, the examiner ruled that the claimant was entitled to part-time benefits within the meaning of G. L. c. 151A, § 29 (b).
The plaintiff argues that because the claimant was hired as a part-time police officer with the understanding that his hours would be varied, he is not entitled to compensation even though he worked less than forty hours in certain weeks. The employer also argues that the decision of the review examiner results in an unconstitutional impairment of the employment contract between the claimant and the town and that the judge committed error in refusing to act on its request for rulings of law. We conclude that the review examiner misapplied G. L. c. 151 A, § 29 (¿>), and we therefore reverse.
General Laws c. 151A, § 1 (r) (1), defines partial unemployment as any week of less than full-time scheduled work in which the employee earns less than the weekly benefit rate he would be entitled to if totally unemployed.
The result in the case before us is not so clearly discerned. In order for the claimant here to be eligible for benefits it must appear that in a given week he has “less than full-time weekly schedule of work.” The review examiner found that “[i]n view of the fact that the claimant works less than the 40 hours for regular police officers at the convenience of the employer, therefore he is entitled to partial benefits within the meaning of section 29 (b) of the law.” The review examiner apparently assumed that the statute required that he apply the same full-time weekly schedule of work to an employee hired to work only as a part-time employee as to one employed on a full-time basis. If this interpretation were correct, then all part-time employees, by definition, would be in partial unemployment status.
Such an interpretation does not further the legislative purpose of lightening the burden of unemployment, but rather imposes
Judgment reversed.
General Laws c. 151A, § 29 (b), as amended through St. 1980, c. 518, § 1, provides in pertinent part: “An individual in partial unemployment and otherwise eligible for benefits shall be paid the difference between his aggregate remuneration with respect to each week of partial unemployment and the weekly benefit rate to which he would have been entitled if totally unemployed.”
General Laws c. 151A, § 1 (r) (1), as amended through St. 1976, c. 473, § 2, provides in pertinent part: “An individual shall be deemed to be in partial unemployment if in any week of less than full-time weekly schedule of work he has earned or has received aggregate remuneration in an amount which is less than the weekly benefit rate to which he would be entitled if totally unemployed during said week . . . .”
General Laws c. 151A, § 1 (r) (2), as amended through St. 1976, c. 473, § 2, provides in pertinent part: “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.”
Reference
- Full Case Name
- Town of Mattapoisett v. Director of the Division of Employment Security & another
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- 5 cases
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- Published