DIGEST OF ADJUDICATION PRECEDENTS MS
MS-16 (01/11)
ISSUE/DIGEST CODE Miscellaneous/MS 95.1
DOCKET/DATE Quincy School District #172, 471 N.E. 2d 1056 (1984)
AUTHORITY Section 500C-2 of the Act
TITLE Construction of Statutes
SUBTITLE Section 500C-2
CROSS-REFERENCE AA 350.05, Period of Ineligibility
The employer School District went into recess at the close of the school day on December 18, 1981, and reopened on January 4,
1982. During that period, the claimant, a School District Bus Driver, did not work and was not paid wages. She applied for
unemployment benefits for the period December 27, 1981 through January 2, 1982.
The School District contended that the claimant had been unavailable for work, pursuant to Section 500C-2 of the Act:
An individual shall be considered to be unavailable for work on days listed as whole holidays...and on days
which are holidays according to the custom of his trade or occupation, if his failure to work on such day is a
result of the holiday.
The Board of Review construed the "holidays" provision of Section 500C-2 to apply only to individual holidays, but not to any
period of unemployment which preceded or followed such holidays. It was noted that the reference to "holidays within a trade or
occupation" was intended to provide for single, non-legal holidays, such as April 1 for the United Mine Workers or May 1 as
celebrated by the International Ladies' Garment Workers' Union.
The Board of Review stated:
(I)t is evident that the claimant's failure to work during the period under review was a result of the (employer's)
shutdown for a vacation period, and not because of the (Christmas) holiday, rendering Section 500C-2
inapplicable...(T)he claimant was subject to a short-term layoff of a definite duration during which she was
available to accept suitable employment at any time...(T)he eligibility requirements of Section 500C-2 of the
Act have thus been met.
HELD: The court concluded:
There is perhaps no more widely recognized holiday period than that of the Christmas recess period as observed in Illinois schools,
although the precise dates of the recess may vary from year to year and between districts. We therefore conclude that this period
falls within the meaning of Section 500C-2 of the Act, as holidays according to the custom of the trade or occupation...clearly
distinguishable from a shutdown for inventory or vacation purposes...
The claimant was determined to be unavailable for work and ineligible for benefits during the period under review.
ISSUE/DIGEST CODE Miscellaneous/MS 95.1
DOCKET/DATE ABR-85-2592/10-4-85
AUTHORITY Sections 601, 602, 603 of the Act
TITLE Construction of Statutes
SUBTITLE Common Meaning (of "Work" Separation)
CROSS-REFERENCE VL 425.05, Suitability of Work; VL 500.5, Wages
The claimant saw an advertisement in a newspaper for work as a Sales Representative. From the advertisement, the claimant
concluded that, if he applied himself, he could earn $980 per month. After attending training sessions at his own expense, the
claimant, on a regular basis, would drive to facilities where he would pick up merchandise and obtain sales leads. Then he would
proceed to homes where he would give demonstrations of the vacuum cleaners he hoped to sell. After performing this work for 5
weeks, the claimant had made only 1 sale, which paid him $75 commission. Since this was substantially less than he had hoped to
earn, he quit.
The employer protested the allowance of unemployment benefits to the claimant, on the basis that the claimant had never been its
employee. The employer contended that the claimant had been an independent contractor, and, as such, was ineligible for any
benefits under the Unemployment Insurance Act.
