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Boyer v. Board of Review of Unemployment Compensation Commission

Decided: June 6, 1949.

ELLEN I. BOYER, PLAINTIFF-APPELLANT,
v.
BOARD OF REVIEW OF THE UNEMPLOYMENT COMPENSATION COMMISSION OF NEW JERSEY, DEFENDANT-RESPONDENT



McGeehan, Donges and Colie. The opinion of the court was delivered by Donges, J.A.D.

Donges

This is an appeal from a determination of the Board of Review of the Division of Employment Security of the State Department of Labor and Industry, formerly known as the Board of Review of the Unemployment Compensation Commission, which denied benefits to the plaintiff-appellant upon the ground that appellant was not available for work within the purview of R.S. 43:21-4(c) from October 14, 1945, to March 10, 1946.

The Board of Review found the facts as follows:

"The claimant is a married woman, 25 years old. She was separated from employment at a powder plant on August 4, 1945 because she refused to accept a transfer to a slightly more dangerous type of work. Upon separation she received payment for accumulated unused vacation and, in addition, a payment of $148.32 as remuneration in lieu of notice. Based upon her regular pay, this was remuneration up to August 25, 1945.

"The claim was filed on August 20, 1945. The claimant failed to notify the Deputy that she had been paid remuneration in lieu of notice up to August 25. Claimant reported regularly at the local office of the Employment Service through March 10, 1946, after which date she ceased reporting, her benefit coupons being exhausted.

"The Deputy held the claimant eligible for benefits through October 14, 1946 and paid her benefits for that period. No appeal was filed and the deputy did not rescind his determination within seven days.

"The claimant became pregnant in December 1945. She was able to work through March 10, 1946.

"The Employment Service referred the claimant to three jobs, on August 20, August 27 and January 31. She refused the first because the hours were from 3:30 to 10:00 P.M. and she objected to working at night. She refused the second job because it paid only 40 cents per hour and she was unwilling to work for less than 50 cents per hour. She had earned $1.03 per hour on her war-time job. She was ill on the occasion of the third referral and did not apply for the job until about a week later. By that time it had been filled.

"Outside of reporting to the Employment Service office and accepting the three job referrals which were given her there, the claimant made no independent efforts on her own part to find work except that she asked some of her relatives whether or not they knew of any job possibilities. She made no applications to employers for work except on the three job referrals.

"The claimant lives in a small community where there is very little peace time opportunity for employment. Her employment at the powder plant was largely a fortuitous circumstance due to the war because, on account of the emergency, special transportation facilities were provided, unusual efforts were made to recruit workers and high wages were paid. After being separated from this job the claimant made no effort to find work in neighboring communities where jobs might have been found."

The sole question is, was appellant, under the facts as found, which are substantially undisputed, entitled to benefits for the time stated, ...


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