Rubino v. Unemployment Insurance Appeals Board

Opinion

McCOMB, J. The Unemployment Insurance Appeals Board (hereinafter referred to as “the board”) appeals from a judgment in favor of plaintiff (hereinafter referred to as “claimant”) after a limited trial de novo following claimant’s appeal from an administrative order.

For the period June 1, 1969, through November 1, 1969, claimant received unemployment insurance benefits totaling $1,011 from the Department of Human Resources Development (hereinafter referred to as “the department”). The department issued a retroactive determination that claimant was ineligible for the unemployment insurance benefits under the provisions of section 1253, subdivision (e), of the Unemployment Insurance Code,1 and alleged an overpayment in the amount of $1,011, on the ground that claimant had not registered for dispatch under a union seek-work plan. Claimant appealed the determination; and, following a hearing, a referee of the board determined that claimant had in fact met the seek-work re[407]quircments. Thereafter, the board reversed the determination of the referee. Claimant petitioned the Superior Court of Los Angeles County for a writ directing the department to set aside its decision that he was ineligible for unemployment insurance benefits for the period June 1, 1969, through November 1, 1969, and was liable for an overpayment in the amount of $1,011. As hereinabove indicated, the superior court held in favor of claimant.

Facts: Claimant applied for unemployment insurance in June 1969 and was granted benefits on the condition that he comply with a “seek-work plan” promulgated by the department. He was a beer truck driver and a member of Local 203 of the Teamsters’ Union. Since all drivers, as well as driver’s helpers, had to be hired through the union, the department required only that claimant meet his union’s requirements to be dispatched for work.

Claimant’s status in the union was that of a temporary man. The union hiring hall always dispatched permanent men for jobs before dispatching temporary men. There was considerable unemployment in the beer industry at the time; and John C. Fahy, the business agent of Local 203, informed claimant that because of the Budweiser strike his chances of being dispatched to a job as a driver were poor. Claimant asked Mr. Fahy how he could pay bills and his union dues if he did not obtain work. Since claimant could not afford to pay the $9-a-month union dues during his period of unemployment, Mr. Fahy suggested that he take a withdrawal card from the union and again become an active member when the employment picture improved.