Opinion
January 17, 1962
Present — Bergan, P.J., Coon, Gibson, Herlihy and Reynolds, JJ.
This is an appeal from a decision of the Unemployment Insurance Appeal Board which determined that the claimant on September 1, 1959 and December 7, 1959, refused employment without good cause and on September 17, 1959, voluntarily left her employment without good cause. There are three different and separate findings of the board covering a period from February, 1959 until December, 1959, involved in this appeal. The board found that the claimant started working at Nicardo's Restaurant in August, 1957 on a part-time basis which consisted of three nights a week, four hours per night, and that she voluntarily left this employment on September 17, 1959, stating: "I am too exhausted to work evenings after I have been out seeking work all day". The record discloses that during this period of time she was not otherwise regularly employed and allegedly spent most of the day seeking employment. The board ruled that "claimant could have kept this part time job until she secured a full time job". This determination of the board is sustained by substantial evidence. The board further found that while not working full time, but part time at Nicardo's Restaurant, on September 1, 1959, she was offered additional part-time work of 20 hours per week at her convenience at Rojay Studio, which she refused, contending she needed her full day for job interviews. We think, under the circumstances, the board's finding that her refusal to accept employment was "unreasonable" was within its discretion. The third finding of the board concerned an offer of a job on December 7, 1959 in the City of New York at $85 per week. The job would require traveling for about an hour and a half per day, which claimant refused, claiming the traveling time was too long and the weekly wage insufficient. We are in agreement with the board's determination that such did not constitute grounds for good cause. The travel time was within the reasonable standards set by the board. The board was justified in determining that the salary of $85 per week was not substantially below the prevailing wage for that particular work. Subdivision 2 of section 593 Lab. of the Labor Law provides that no benefit shall be paid for a period of 42 consecutive days where the claimant "refuses to accept an offer of employment for which he is reasonably fitted by training and experience". Decision of the board unanimously affirmed, without costs.