In re the Claim of Nickerson
Opinion of the Court
Rose, J. Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 31, 2004, which ruled that claimant was ineligible to receive unemployment insurance benefits because she had no covered base period employment.
Claimant had been employed by an airline as a customer ser
To be eligible for extended unemployment insurance benefits under TEUC-A, a claimant must demonstrate a qualifying base period of employment, which the statute defines as employment with an air carrier, a facility at an airport or an upstream producer or supplier for an air carrier (see Pub L 108-11, 117 US Stat 607, § 4002 [a] [2] [A]). Additionally, the claimant’s separation from such employment must be due to reductions in service by the air carrier as the result of the terrorist attacks of September 11, 2001 or the present conflict in Iraq (see Pub L 108-11, 117 US Stat 607, § 4002 [a] [2] [B]). In the instant matter, substantial evidence supports the Board’s determination that claimant’s role as president of her local union chapter did not suffice to bring her within the purview of the statute. Specifically, the Board was entitled to rely on hearing testimony, including claimant’s admissions and documentary evidence indicating that claimant, whose salary was paid by the union, neither provided services directly to the airline nor left her position with the union for any reason other than her lost bid for reelection (see Matter of Local 54 United Paperworkers Intl. Union [Commissioner of Labor], 301 AD2d 922, 923 [2003]).
Mercure, J.P., Crew III, Carpinello and Lahtinen, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.