Chaharyn v. Department of Employment Security

125 A.2d 241, 85 R.I. 75, 1956 R.I. LEXIS 121
CourtSupreme Court of Rhode Island
DecidedSeptember 6, 1956
DocketEq. No. 2527
StatusPublished
Cited by15 cases

This text of 125 A.2d 241 (Chaharyn v. Department of Employment Security) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chaharyn v. Department of Employment Security, 125 A.2d 241, 85 R.I. 75, 1956 R.I. LEXIS 121 (R.I. 1956).

Opinions

[77]*77Paolino, J.

This petition to review the decision of the board of review of the department of employment security denying the claim of Orist D. Chaharyn for benefits under the employment security act, general laws 1938, chapter 284, as amended by public laws 1949, chap. 2175, was filed by him in the superior court. After a hearing thereon that court entered a decree reversing the decision of the board of review and awarding the claimant employment security benefits. The cause is here on an appeal by the Department of Employment Security, hereinafter called the department, from that decree.

The facts are not in dispute. For several years claimant had been employed during the day as a designer and attended law school evenings. He had passed his bar examination, but before he could be admitted as a member of the Rhode Island bar he was required, by the rules of the supreme court, to serve a clerkship in a law office for a period of six months. These rules required that throughout such period the study of law had to be his chief occupation during the ordinary business hours of the day. To comply therewith claimant voluntarily gave up his job as a designer and on the following day commenced his law clerkship.

Thereafter claimant went to the local office of the department to “register for work” and to file a claim for statutory benefits. He included in his application a signed statement that he had left his job voluntarily for the purpose of pursuing his law clerkship and that he would not be available for other employment during the hours he was so serving. On the basis of this statement his claim for benefits was denied. The claimant thereupon duly filed an appeal to the board of review of the department.

[78]*78At the hearing before such board claimant testified that he left his job to pursue his clerkship; that he had since been occupied as a law clerk from 9 a.m. to 5 p.m. daily; that he would not be available for other employment during the hours he was serving his clerkship; and that he had made inquiries about securing night work. The board entered a decision in which it made findings of fact based on the evidence submitted and concluded that “Claimant left his employment with good cause.” However, the board also decided that “claimant could not be considered eligible for the receipt of benefits, because he could not be considered available for work as required by the Employment Security Act.” The claimant thereupon filed in the superior court a petition to review the board’s decision under the provisions of G. L. 1938, chap. 284, as amended by P. L. 1949, chap. 2175.

On the record in the superior court the trial justice decided: (1) That the claimant was unemployed within the meaning of the act as amended by P. L. 1949, chap. 2175 ; (2) that he had proved his availability by registering for work and by filing a claim for benefits in compliance with G. L. 1938, chap. 284, §7 (2), as amended by P. L. 1949, chap. 2175, hereinafter referred to as sec. 7 (2); and (3) that there was no proof that if tendered employment he would not accept it. The trial justice based his decision upon his construction of sec. 7 (2) and interpreted the phrase “available for work” together with the next clause of said section, namely, “whenever duly called for work through the employment office” to mean “that when an applicant is unemployed he is entitled to benefits unless having been called for work he refuses it.” No effect was given to claimant’s application and to his uncontradicted testimony that he would not be available for other employment during the hours he was serving his clerkship. The question whether he left his job for good cause under the act is not considered here, since both the board of review and the [79]*79trial justice found that to be the fact. In our opinion the statement and evidence of restricted availability raises the decisive issue in the case and for such reason we shall determine this question first.

The claimant contends in substance that the legislature provided in sec. 7 (2) for a statutory rule of proof of availability for work, namely, that all a claimant is required to do to prove he is available for work is to “register for work” and file a claim for benefits. He further contends that he has satisfied both of these requirements and therefore has complied with the law and is entitled to benefits, because there is no proof that he was offered suitable work and had refused.

Although the department has filed eleven reasons of appeal the main contention on its behalf is that the decree of the superior court is based upon an erroneous interpretation of sec. 7 (2) of the amended statute. After a careful reading of the record and the pertinent provisions of the employment security act we are of the opinion that the trial justice’s interpretation of sec. 7 (2) was erroneous.

Since the statute in question does not define the phrase “available for work” we must examine the whole statute for guidance in order to determine the intent of the general assembly. It is well established that the primary purpose of statutory construction is to ascertain legislative intent. That is to be found from a consideration of the language, nature and purpose of a statute. A statutory provision should be so construed as to conform to the reasonable scope of the whole statute and to carry out the purposes thereof. Nolan v. Representative Council, 73 R. I. 498.

In the case at bar we are greatly aided in this respect by the inclusion in §2 of the amended statute of a “Declaration of Policy,” which states in substance that the purpose of the act is to lighten the burden which now falls on the unemployed worker and his family from economic insecurity due to unemployment which the individual worker is as [80]*80incapable of protecting himself against as industry is of preventing it. The construction of the phrase “available for work” should be consistent with the expressed general purpose which the law was designed to achieve. The employment security act, even when liberally construed, was designed to provide benefits for unemployed individuals wlm are ready, willing and able to work, but who are unable to find it. There is nothing in the statute to justify the conclusion that the legislature intended that a claimant might limit or restrict his availability for work to certain hours of the day, at least where the work he is qualified to perform is not likewise limited. To permit a claimant to place such restrictions on his availability, other than as specifically provided for in the statute, would violate the spirit and purpose of the act. Consequently a construction which leads to such a result should not be given to a legislative act, especially where it is susceptible of another and more reasonable interpretation.

We have examined numerous cases in other jurisdictions having statutes substantially similar to the Rhode Island act. These cases hold generally that a claimant may not impose conditions and restrictions on his willingness to work and still be “available for work” within the meaning of the statute. This problem has presented itself in different aspects such as a declared willingness or unwillingness to work only on certain days, or only at certain hours, or on certain shifts. In all of the cases we have examined the courts have consistently construed the words “available for work” to mean an unrestricted availability.

It is .uicewise our opinion i~na~ ~ne iegisiature inienueu the phrase "available for work" as used in see.

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Chaharyn v. Department of Employment Security
125 A.2d 241 (Supreme Court of Rhode Island, 1956)

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Bluebook (online)
125 A.2d 241, 85 R.I. 75, 1956 R.I. LEXIS 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chaharyn-v-department-of-employment-security-ri-1956.