Kalin v. Oliver Iron Mining Co.

37 N.W.2d 365, 228 Minn. 328, 1949 Minn. LEXIS 557
CourtSupreme Court of Minnesota
DecidedApril 29, 1949
DocketNo. 34,783.
StatusPublished
Cited by6 cases

This text of 37 N.W.2d 365 (Kalin v. Oliver Iron Mining Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kalin v. Oliver Iron Mining Co., 37 N.W.2d 365, 228 Minn. 328, 1949 Minn. LEXIS 557 (Mich. 1949).

Opinion

*329 Matson, Justice.

Certiorari to review a decision of the director of the division of employment and security holding that claimants failed to file valid claims for unemployment benefits.

During 1947, relators, herein designated as the claimants, were and had for some years been employes of respondent, Oliver Iron Mining Company. Respondent followed a known and established policy of retiring employes at the end of the month in which they reached the age of 65 years. Anticipating their retirements, claimants each filed with the division’s local office at Virginia, Minnesota, an initial claim for unemployment benefits while still employed by respondent and some months prior to the month in which each would attain his 65th year. Notations were made on each claimant’s application card and initial claim for benefits that the claimant was filing his claim for the purpose of freezing his wage credits.

Pursuant to M. S. A. 268.10, the chief of the division’s benefit section, as the director’s deputy, determined these initial claims for unemployment benefits to be valid, subject to the right of protest and appeal by the base period employer. Respondent appealed to the division’s appeal tribunal, which found that claimants had all failed to file valid claims. Claimants then appealed to the director of the division, who affirmed the tribunal’s decision.

The question is whether a valid initial claim for benefits under the Minnesota employment and security law may be filed by an individual who, at the time of filing, is regularly and continuously employed but who anticipates that he will be separated from his employment some months in the future.

The determination of this question depends upon the purpose and meaning of the 1945 amendment included in M. S. A. 1945, 268.04. L. 1945, c. 376, § 1. Prior to the 1945 amendment, the present § 268.04, subd. 24, read:

“ Valid claim’ with respect to any individual means a claim filed by an unemployed individual who was registered for work and who has earned wage credits during his base period sufficient to entitle *330 him to benefits under [Mason St.] section 4337-25 B.” (Italics supplied.) (Section 4337-25 B is now § 268.07, subd. 2.)

The 1945 amendment deleted the word unemployed. Clearly, prior to 1945, a valid claim could only be filed by an individual when he was actually unemployed. Claimants contend that the deletion of the word unemployed makes it possible for an individual to file an initial valid claim for unemployment benefits while he is still regularly and continuously employed tut who anticipates that he will te retired on a date some months in the future, and thereby determine and freeze his benefit year, his base period, the weekly benefit amount, and the maximum benefit to which he is entitled, for the admitted purpose of making two benefit years available without the necessity of having at least four weeks of employment in the third and fourth calendar quarters of the base period for the second benefit year as required by § 268.07, subd. 3. Respondent contends,, on the other hand, that an initial claim so filed is not valid and that the legislature by deleting the word unemployed intended only to-eliminate a delay or lag period in the determination of whether a claimant is unemployed within the statutory meaning of § 268.04,. subds. 23 and 27. Subd. 23 provides that an individual shall be-deemed unemployed only if he be without work, or if he earn les® than his weekly benefit amount, and subd. 27 defines a week to mean a calendar week ending at midnight of a Saturday. By reason of these definitions, it was not possible, prior to the 1945 amendment, to determine in many instances if a claimant was unemployed within the statutory meaning until after midnight of the second Saturday'following the day upon which he filed his initial claim, and as a result determinations were delayed as much as 13 days.

In the ascertainment of the legislative intent, every law should be construed, if possible, to give effect to all its provisions. § 645.16. There is a presumption that the legislature intends the entire statute to be effective and certain. § 645.17 (2). In the light of these rules, § 268.04, subd. 24, through the 1945 amendment, by deletion of the word unemployed, is to be construed, not in isolation from but in conjunction with other related sections of the Minnesota employ- *331 merit and security act. We turn first to § 268.07, subd. 3, which was amended at the same 1945 legislative session to prevent individuals from using wage credits earned during the base period of •one benefit year for benefit purposes in a subsequent benefit year unless, in addition thereto, such individual has earned wage credits in any part of the third and fourth quarters of the base period upon which the benefits for such subsequent benefit year are based in an ■amount equivalent to at least four times his current weekly benefit amount. Clearly, this latter amendment was intended to forestall the possibility of an individual being able, fortuitously or otherwise, to collect benefits in two succeeding benefit years on only one separation from employment. If the claimants are permitted to file a valid claim for benefits two months or more before they are separated from their employment and thus freeze the benefit year, two benefit years will be available to them without having at least four weeks of employment in the third and fourth quarters of the base period •for the second benefit year. If effect is to be given to § 268.07, subd. 3, as amended, we cannot ascribe to the deletion of the one word unemployed from § 268.04, subd. 24, the intent and consequence suggested by the claimants. It is to be presumed that the legislature did not intend the absurd result that the amendment of one section should nullify the amendment of a related section. § 645.17(1).

Claimants’ proposed construction of § 268.04, subd. 24, is also in conflict with § 268.08, subd. 1, which in specifically defining eligibility for benefits provides that an individual shall be eligible to receive unemployment benefits only if, among other things, (1) he has registered for work and thereafter. continues to report at an •employment office — unless this requirement be waived by the director’s regulations; (2) that he is able to work and is available for work — subject to a penalty of a one-fifth reduction in, his weekly benefit for each day he is unable or unavailable for work; and (3) if he has been unemployed for a waiting period of two weeks during which he is otherwise eligible for benefits under §§ 268.03 to 268.24. Obviously, no effect would be given to the eligibility provi *332 sions of this section if § 268.04, subd. 24, were to be construed to permit the filing of a valid claim by claimants while they are still regularly employed and are therefore not available for employment. Clearly, § 268.08, subd.

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Bluebook (online)
37 N.W.2d 365, 228 Minn. 328, 1949 Minn. LEXIS 557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kalin-v-oliver-iron-mining-co-minn-1949.