Gartner v. Job Service North Dakota

Summary

The Supreme Court of North Dakota affirmed a judgment upholding Job Service North Dakota's denial of unemployment benefits to Paul Gartner while he attended vocational school. The court held that reasonable and suitable employment was available to Gartner when he left seasonal employment, and that he did not satisfy the requirements for the vocational-training exception to the student disqualification.

Holdings

1. The plain language of N.D.C.C. § 52-06-02(6), construed together with the retraining exception in N.D.C.C. § 52-06-01(3)(a) and N.D. Admin. Code § 27-03-08-04, does not permit an unskilled unemployed worker to receive unemployment benefits while enrolled in and attending college regardless of the existence of other unskilled employment opportunities.
2. Job Service's finding that reasonable and suitable employment existed in Gartner's locality, for which he was fitted by training, experience, and physical capabilities, was supported by a preponderance of the evidence.
3. The Court reviews the agency's decision and agency record and does not independently reweigh the evidence or substitute its judgment for the agency's.

Questions Presented

1. Whether an unemployed worker who voluntarily leaves suitable seasonal employment to attend college may receive unemployment benefits under the statutory and regulatory approved-training exception.
2. Whether Job Service's finding that reasonable and suitable work opportunities existed for which Gartner was qualified was supported by a preponderance of the evidence.
3. What standard governs the Supreme Court's review of Job Service's administrative decision.

Disposition

affirmed