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(Download) "Birgenheier v. Department of Employment Security" by Division Two Court of Appeals of Washington # eBook PDF Kindle ePub Free

Birgenheier v. Department of Employment Security

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eBook details

  • Title: Birgenheier v. Department of Employment Security
  • Author : Division Two Court of Appeals of Washington
  • Release Date : January 27, 1981
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 70 KB

Description

Forty-nine noncertificated employees of Tacoma School District No. 10 appeal from a trial courts order affirming a decision of the Commissioner of Employment Security Department which denied them Special Unemployment Assistance (SUA) benefits for the 1977 summer period between academic sessions. We hold that 47 appellants performed substantial services in an "instructional capacity" in the first of those academic sessions and had no "contract to perform services in such capacity" for the second of those academic sessions. The two remaining appellants, John Washington, a security patrol officer, and Norma Clark, a cook manager, were employed in "other than in instructional, research, or principal administrative capacity" for the first of those academic sessions, but they had no "reasonable assurance" that they would be employed in that capacity for the second of those academic sessions. Accordingly, as to all appellants, we reverse the Commissioners determination that they were ineligible for SUA benefits, pursuant to Emergency Jobs and Unemployment Assistance Act of 1974, Pub. L. No. 93-567, § 203, 88 Stat. 1845, as amended by Unemployment Compensation Amendments of 1976, Pub. L. No. 94-566, § 603(a), 90 Stat.


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