ALASKA DEPARTMENT OF LABOR
OFFICE OF THE COMMISSIONER
P. O. BOX 21149
JUNEAU, ALASKA 99802-1149
DECISION OF THE COMMISSIONER OF LABOR
Docket No. 9321116
DAVID ALVEY
The Employment Security Division appealed to the Department from a Tribunal
decision mailed February 19, 1993, which reversed a determination denying
unemployment insurance benefits for the period January 10, 1993 through May 1, 1993
under AS 23.20.378(c).
The record in this case has been reviewed, and the Division's contentions on
appeal have been considered. No material errors in the Tribunal's findings have been
found. We do not, however, agree with the Tribunal's conclusion based upon those facts.
AS 23.20.520 entitled "Definitions" provides, in part:
In this chapter, unless the context otherwise requires,
(19) "vocational training or retraining
course" means a course of vocational or technical training or retraining in schools or
classes, including but not limited to, field or laboratory work and related remedial or
academic instruction, which is conducted as a program designed to prepare individuals
for employment in trades, skills, or crafts; the term "vocational training or retraining
course" does not include a program of instruction for an individual, including a transfer
credit program of instruction given at a community college, which is intended as credit for
a degree from an institution of higher education....
As we have previously held, a course of study that does not meet the definition of
vocational training under AS 23.30.520 (19) must be considered academic. In re Atwell,
Commissioner Rev. 9028880, February 21, 1991. The claimant in this matter is enrolled
in a long term course of study toward an associate degree (or possibly a bachelor degree)
from a community college. All of his courses taken this semester would be deemed
academic taken individually, and none are applicable toward the immediate goal of
becoming employable in the field of oilfield instrumentation. That is, according to the
claimant's testimony, all of these present courses are basic classes needed for the
degree.
The Tribunal decision cited another decision, In re Lawrence, Commissioner Rev.
9129162, May 30, 1992 as authority for her decision. However, in Lawrence we also
stressed that a course leading toward a degree, even an associate degree, would be
considered academic. The program being attended by the claimant in Lawrence did not
David Alvey
9321116
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lead to any degree, nor was it a business or professional course of study. We therefore
must hold the claimant's course of study in this case is academic in nature and, since the
attendance is for more than 10 credit hours, must disqualify the claimant under
AS 23.20.378(c).
The decision of the Employment Security Division Appeal Tribunal entered in this
matter is REVERSED. Benefits are again denied pursuant to AS 23.20.378(c) from
January 10, 1993 through May 1, 1993 or until the disqualifying conditions no longer exist.
FURTHER APPEAL may be had from this decision by filing a Notice of Appeal in
Superior Court for the State of Alaska within 30 days from the date of mailing of this
decision as provided in AS 23.20.445, AS 44.62.560-570 and the Rules of Appellate
Procedure of the State of Alaska. Unless an appeal is filed within the said 30-day period,
this decision is final.
Dated and Mailed in Juneau, Alaska on April 14, 1993.
ALASKA DEPARTMENT OF
LABOR
C. W. MAHLEN
COMMISSIONER