Winters v. Unemployment Insurance Appeals Board

[43]Opinion

BRAY, J.* Plaintiff and appellant appeals from a judgment of the San Francisco Superior Court denying her petition for a writ of mandate.

Issues Presented

1) The respondents did not wrongly deny the appellant benefits.

2) The evidence supports the findings of fact.

Record

Appellant is and for the past five years has been employed by the San Rafael City Schools as a classified employee, an instructional aide. She ceased work on or about June 13, 1974, at the close of the academic year.

The permanent classified staff is employed during the regular academic year and is not required to render service during school holidays and recess periods. Education Code section 13580.5 provides that classified employees are deemed employed for 12 months a year despite the fact that such employees are required to render service for only part of the year. A regulation of the school district states that members of the classified staff shall receive prior to July 1 each year a notice stating the particulars of their assignment for the impending academic year. In 1974, the school district did not mail the notices until sometime in August. Appellant contends that the school district’s failure to mail such notices prior to July 1 established that she was unemployed and “not scheduled to return to work” and that therefore she is entitled to receive unemployment insurance benefits pursuant to Unemployment Insurance Code section 1253.4.

On or about June 30, 1974, appellant applied to the Employment Development Department for unemployment benefits. On July 24, 1974, the department issued a determination which denied appellant any benefits. Thereupon, appellant filed an appeal with the Unemployment Insurance Appeals Board. The appeal was denied. Thereupon, appellant filed in the Marin County Superior Court a petition for a writ of mandate directing respondents to award appellant unemployment insurance [44]benefits for the period June 30, 1974, to September 6, 1974. After a hearing the court denied the petition for writ of mandate.