UNEMPLOYMENT BENEFITS FOR PART TIMERS.

The following is a document prepared by Local 2121 of the AFT, in San Francisco. While it specifically addresses procedures in San Francisco, the basic concepts are valid for claims throughout the state.
In 1989, AFT 2121 won an important victory in the California Court of Appeal. In that precedent-setting Cervisi decision, the Court affirmed the Union's view that part-time faculty do not have "reasonable assurance" of assignments in the next school term and therefore should not be held ineligible for unemployment benefits during periods of lay-off. With this decision, part-timers throughout the State who have no job security and whose assignments are contingent upon adequate funding, enrollment, and program changes, should now be eligible for benefits. Part-time faculty who are unemployed after the end of any semester or summer session can therefore apply for and receive benefits provided they are otherwise eligible for benefits (see below). Unemployment benefits are not a "hand-out" but a right to compensation for the very real lack of job security with the District (social insurance not public assistance).
HOW DO YOU APPLY FOR UNEMPLOYMENT BENEFITS?

On your first day of unemployment, go to an Employment Development Department (EDD) Office. (If you plan to be represented by the Union in subsequent appeal proceedings, it would help us to consolidate our efforts if you would apply in San Francisco at 3120 Mission St., at Army and Mission). Don't delay, as payments will only go back to the first day of application. There is, however, a one-week unpaid waiting period for each benefit year, which begins with the date of filing for benefits and ends one calendar year later.
After your form is completed and checked, you will be given an appointment date and time to return to the office or an E.D.D. staff person will contact you by telephone. You will also be given a claim booklet containing cards for recording your search for work. You must begin immediately to demonstrate to EDD that you are willing and physically able to work and are actively seeking work appropriate to your skills and training. You are not expected to look for a job outside of your regular line of work until after a few months have elapsed and you have still not found the work you are trained for and qualified to do. It's good to keep brief records of your job search; for example, reviewing advertisements in newspapers, professional journals, the Personnel Office at 33 Gough Street, also writing and telephoning specific institutions.

HOW TO APPEAL IF YOUR REQUEST FOR UNEMPLOYMENT IS DENIED.

Despite the favorable appellate court decision, EDD has been slow to get the message. Some part-timers are still being found ineligible for benefits on the basis that they have "reasonable assurance" of a fall assignment. However, we are quite confident that we can get the denials reversed upon appeal.
If your claim is denied, you should file an appeal after you have received the denial in writing. Ordinary stationery is acceptable. Include your social security number. The following is an example of an appeal:

I wish to appeal the determination to deny benefits on the following grounds: I am a temporary hourly employee laid off because of lack of work. I have no seniority rights and I'm paid on an hourly basis. Any assignment I may receive is contingent on funding, enrollment, and programs changes; consequently, as a temporary employee without an actual or implied contract, I do not have reasonable assurance of continued employment and am eligible for unemployment benefits. AFT 2121 will represent me in the appeal.
There is a deadline for the appeal: you must file within 20 calendar days after the mailing date of the denial notice. When the appeal is filed, EDD must make a re-determination (and pay benefits) or process the appeal.
IMPORTANT! To be eligible for benefits if we win the appeal ( and we think we will!), you must continue to submit the cards from the EDD Office for each two-week period you are unemployed.

WHAT HAPPENS AFTER THE APPEAL IS FILED?

After the appeal is filed, the Union will represent all claimants, usually in a mass hearing.
If you have questions about unemployment benefits or the appeal process, you may contact Union representatives Rodger Scott or Chris Hanzo at the AFT office (415) 585-2121.
May 1, 1995
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