Shane v Charlevoix Emmet Intermediate School District – 5.12

Shane v Charlevoix Emmet Intermediate School District
Digest no. 5.12

Section 27(i)

Cite as: Shane (Charlevoix Emmet Intermediate School Dist) 1983 BR 80508 (B81 16586).

Appeal pending: No
Claimant: Carole J. Shane
Employer: Charlevoix Emmet Intermediate School District
Docket no.: B81 16581 80508
Date of decision:

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BOARD OF REVIEW HOLDING: Once a millage vote has been defeated, the employer must have more than the rescheduling of a second millage vote to support a claim that Claimant has reasonable assurance.

FACTS: Claimant was laid off at the end of the school year. A millage vote was defeated on June 8, 1981. On July 9, 1981, the employer informed the Commission that Claimant did not have reasonable assurance of employment for the fall. On July 14, 1981, the employer sent a “recall” letter to the claimant alleging reasonable assurance because a second millage vote was scheduled for September 8, 1981, which the employer was confident would be successful.

DECISION: Claimant is not subject to the denial period.

RATIONALE: The Commission, a Referee, or the Board itself cannot properly consider evidence as to the mood of voters or gauge electoral probabilities or the reasonableness of ballot proposals … to “go behind” the proposal as it were. Claimant did not have reasonable assurance on July 14, 1981. The decision of the Referee is reversed by a majority of the full Board of Review.

Digest Author: Board of Review (original digest here)
Digest Updated:
11/90