LOWER APPEALS DECISION
|DECISION DATE: July 9, 1993
|CLAIMANT: Larry P. Weber
||APPEAL NO.: 9310755
||L. O. NO.: 22
Issue: Whether the claimant failed, without good cause, to
apply for or to accept available, suitable work within
the meaning of the Code of Maryland, Labor and Employment
Article, Title 8, Section 1005.
- NOTICE OF RIGHT OF FURTHER APPEAL -
ANY INTERESTED PARTY TO THIS DECISION MAY REQUEST A FURTHER
APPEAL AND SUCH APPEAL MAY BE FILED IN ANY OFFICE OF
THE DEPARTMENT OF ECONOMIC AND EMPLOYMENT DEVELOPMENT,
OR WITH THE BOARD OF APPEALS, ROOM 515, 1100 NORTH EUTAW
STREET, BALTIMORE, MARYLAND 21201, EITHER IN PERSON
OR BY MAIL THE PERIOD FOR FILING A FURTHER APPEAL EXPIRES
ON July 21, 1993.
NOTICE: APPEALS FILED BY MAIL INCLUDING SELF-METERED MAIL ARE
CONSIDERED FILED ON THE DATE OF THE U.S. POSTAL SERVICE POSTMARK.
|For the Claimant:
Latanya D. Miller, Legal Assistant
Silvia P. Meranski, Legal Assistant
| For the Employer:
|Other: Susan Voelker, Claims
FINDINGS OF FACT
The claimant established a benefit year beginning June 21,
1992, with a weekly benefit amount of $110.00.
As part of the claimant's search for employment, he was
referred to the Maryland Job Services. On May 7, 1993,
the claimant was scheduled to take the GATB test. This
is a test that many employers use to screen applicants.
It test the applicant's aptitude in the areas of math
and reading. Job Services received a request from a
potential employer that it was seeking material handlers.
Job Services made the claimant aware of this potential
employment and scheduled him to take this test. On May
7, 1993, the claimant did not take the test because
he wanted additional time to study. Because the claimant
failed to take the test, the Local Office denied the
claimant benefits, on the basis that as he failed to
take the test, he had failed to apply for or accept
suitable work. The claimant presented himself to the
Local Office on May 18, 1993 and rescheduled the test
for May 21, 1993. The claimant took the test on that day.
The claimant could not recall any specific position offered
to him. He was given an application to fill out and
instructed to take the test. There was no specific rate
of pay discussed with the claimant and the claimant
did not remember being told that this test was part
of the application process for this specific job. The
claimant was unaware that his failure to take the test
would result in his benefits being stopped.
CONCLUSIONS OF LAW
The Maryland Code, Labor and Employment Article, Title 8,
Section 1005 provides that an individual who is otherwise
eligible to receive benefits is disqualified from receiving
benefits if it is determined that the individual without
good cause, failed to apply for work that is available
and suitable when directed to do so; accept suitable
work when offered, or return to the individual as usual
In the instant case, as there was no bona fide offer of
employment, the claimant did not fail to accept suitable
work. The issue is whether the claimant failed to apply
for work that is available and suitable when directed
to do so by the Local Office. The claimant was unaware
that the test being administered at the Local Office
was part of the application process. However, the claimant
was instructed to take the test by the Local Office
and his failure to do so constitutes a failure to apply
for work that is available and suitable.
It is held that the claimant failed, without good cause,
to apply for available suitable work, within the meaning
of the Maryland Code, Labor and Employment Article,
Title 8, Section 1005. He is disqualified from receiving
benefits from the week beginning May 2, 1993 and for
the four weeks immediately following.
The determination of the Claims Examiner is modified.
Katherine Holmes, Hearing Examiner
Date of Hearing: 6/15/93
dw/Specialist ID: 22155
Cassette Attached to File
Copies mailed on: 7/6/93 to:
Unemployment Insurance - Bel Air
Latanya D. Miller, Legal Assistant
Silvia P. Meranski