THE WESTERN CANADIAN LUMBER WORKER

7 LOGGER’S FIGHT SETS PRECEDENT

An unemployed logging
truck driver from Spring
Creek Logging, Harrison

Lake, and Local 1-367 IWA
Haney, knocked into a cocked

hat, the long-standing belief.

that a UIC claimant must be
available for work in any area
to collect UIC benefits.

The claimant, Peter Phin-
ney, a member of Local 1-367
IWA, married and 27 years
of age, filed a renewal appli-
cation for benefits effective
December 4, 1966. He had last
been employed as a_ truck
driver for Spring Creek Log-
ging, from April 3, 1966, to
December 7, 1966, when he
was laid off because of a work
shortage.

He declared that he was
able to work, but was not
ready to work immediately
and could not accept perma-
nent full-time work as he
would be working for the
company sometime in Janu-
ary.

On December 22, the com-
pany reported Phinney’s
separation from work was
dué to‘a seasonal shut-down
due to snow conditions.

As Phinney had indicated
that he expected to return
with the company, the local
UIC office wrote to him on
December 20, and asked him
if he was prepared to accept
suitable work elsewhere in
the meantime.

Phinney replied that he
was not ready at the present
time. He added that if the
weather remained as it was,
he expected to resume work
in late January or early Feb-
ruary.

Following receipt of this
letter, the UIC officer dis-
qualified him from December
4, 1966, arguing that Phinney
had failed to prove that he
was available ‘for work “in
view of your own declaration

that you are not available.”

Phinney in his appeal to the
-board of referees January 7,
stated:

“There has obviously been
a misunderstanding on my
part as to being available for
work. I am available for work
at any time at this end of

Harrison Lake. The reason I
state this is, that at the pres-
ent time my wife and I have
no money at all. During No-
vember and December the In-
come Tax Department garni-
sheed my wages for approxi-
mately $300. This left me
with a few hundred dollars
which has been used to pur-
chase a side of beef and pay
our bills until I resume work
again.

“This is the only reason my
wife and I are remaining in
camp this winter. I have to
pay only $20 per month rent,
and my fuel. These bills are

allowed to go on until the

camp opens again in the
spring.
“T could not possibly afford

to move to Chilliwack or Van-

_ couver in the hopes of obtain-

ing a job which are few and
far between at the present
time.

“As I have stated before
this camp will probably open
sometime at the end of Janu-
ary or into February, due to
the very little snow we have
this year.

He concluded his letter by
saying, “I did not intend to
have this turn out like some-
thing in ‘Ann Lander’ but I
feel it is the only way to ex-
plain my position here.”

The UIC officer once again
reviewed Phinney’s case but
concluded that because he
was restricting himself to an
area where there was little
chance for work, Phinney was
not eligible for UIC benefits.

Phinney once again wrote
to the UIC board of referees
in New Westminster stating:

“TI can see now that my mis-
take was that I told the truth
on my form. It would appear
that to collect unemployment
insurance a person has to lie.
That I refuse to do!

“This is the second time in
approximately 12 years I have
applied to draw the money
taken from me for the pur-
pose of ensuring me an in-
come if I were to become
unemployed.

“Once again, I shall try and
explain my position the only
way I know how.

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“On the form sent to me
I was asked if I was ready
to work immediately. I re-
plied no because I couldn’t
leave my wife alone in camp
and I didn’t have enough
money to move down as I
tried to explain. This is my
home, if the company had
wanted me to work or if the
UIC had found me work at
the Lake I would have gone
because I could get home. But
all the camps on the Lake are

-closed.

“T was also asked if I could
accept permanent work
Again I answered no. To ac-
cept permanent work would
mean again that I would have
to move out of camp and
again I cannot afford to move.
I am also high on the seniori-
ty list and that means I am
one of the first to start work
in the spring, not to mention
the fact that both my wife
and I like living here and the
company I work for.

“At the time I filled out my
form we were to start work
early. Now there is talk of
no work until the end of Feb-
ruary or March. If I don’t re-
ceive money before the mid-
dle of February, I will prob-
ably have to go on welfare
while the other families that
have come back into camp
now are all drawing unem-
ployment insurance.

“You state that I can appeal
my case if I appear on Febru-
ary 2. How can I possibly ex-
plain my case if I have no
money to pay my boat fare
down, let alone bus fare to
New Westminster and two
nights in a hotel room?

“I am told I can also get a
lawyer to appear for me. How
do I do that with no money?

“T have not lied nor have
I tried to cheat anyone out of
money. I stated before and
shall do so again that I mis-
understood. I am available for
work and have been all along.

“The insurance officer who
reviewed my claim stated that
I am restricting myself to an
area where there is no work.
Does he think for one minute
that if I had any money that
we would spend the winter in

camp by ourselves most of the
time. If I had money, we
would have gone down like
everyone else for holidays. He
obviously has no idea what
a camp is like in winter.

“T submit this in the hope
that someone will realize my
position. I have also called
our personnel man at Hunter
Creek, and he stated that all
winter he could only get one
man placed for work. He also
knows that I am available for
work and have been since
December 4.

“P.S.: If you wish me to
prove the fact that I have no
money I'll send my bank
statement.” %

A hearing was held by the
board of referees in New
Westminster February 2, with
the claimant absent and by
unanimous decision, the board
maintained the insurance of-
ficer’s disqualification and
dismissed the appeal.

On February 14, Cy God-
frey, president of Local 1-367
IWA Haney, filed an appeal
on Phinney’s behalf with the
Umpire in Ottawa. In his
summation Godfrey stated:

“We feel this man has been
unjustly disqualified as the
evidence submitted to the ap-
peal board shows he was
available for work in the area
where he lives. There are
four other families living in
this same camp, who have
been receiving unemployment
benefits for the same period
that this member has been
disqualified. These people
have the same communication
problems as Mr. Phinney has
in respect to accepting em-
ployment in another area.
Had Mr. Phinney understood
the Act properly when he ap-
plied for benefit, he would
have said he was available

for work elsewhere and
would have qualified for
benefits.”

The Umpire, the Hon. Jus-
tice John D. Kearney, in al-
lowing the Union’s appeal
stated:

“The claimant was disquali-
fied from receiving - benefit
from the effective date of his
application on the basis of his
statement to the effect that he

was not prepared to accept
suitable employment “else-
where” than in the immediate
area of Spring Creek.

“The only evidence about
the conditions of the labour
market in the aforementioned
area during the period in
question indicates that the
prospects of work were “very
poor” and that such situation
was due mainly to economic
causes.

“As the claimant was a reg-
ular employee of the Spring
Creek Logging and had a
definite engagement to start
work with that employer in
a few weeks’ time, his nega-
tive attitude towards the ac-
ceptance of continuing and
permanent employment with
another employer either lo-
cally or outside the Spring
Creek area could not, in view
of the jurisprudence estab-
lished by the Umpire in sev-
eral decisions and more par-
ticularly in CUB 1943, rightly
be retained as a factor in
holding that the claimant was
not available for work.

“As the claimant, because
of his domestic circumstances,
was unwilling to accept any
kind of work outside the
Spring Creek area, the ques-
tion of his availability for
work on December 4, 1966,
and thereafter, rests solely on
whether or not he should
have been allowed a reason-
able period of time in which
to explore the possibility of
securing temporary work in
the said Spring Creek area,

“Considering that the
claimant was willing to accept
temporary employment in the
Spring Creek area and that
it was due mainly to economic
causes if the prospects of se-
curing such employment
there were “very poor,” I feel
that, in the absence of any
evidence that suitable em-
ployment could have been se-
cured immediately in another
area, the disqualification
which was imposed on the
claimant was premature in his
particular circumstances.

“As a consequence, I decide
to allow the Union’s appeal.”

STALEMATE CAUSE FOR CONCERN

By MRS. E. DAILLY, M.L.A.
Burnaby North

As education spokesman for
the New Democratic Party,
I must report that “The
NDP Caucus members are
greatly concerned with the
present stalemate in the de-
velopment of regional colleges
in our province.”

Since the _recommenda-
tions of the MacDonald Re-
port were brought down five
years ago (which recom-
mended a network of regional
colleges throughout the prov-
ince,) we find there are only
two functioning colleges at

the present time — the Van-
couver City College and the
Selkirk College at Castlegar.

The present government
legislation, which places the
initiative for the establish-
ment of regional colleges with
local school boards and also
places emphasis on consider-
able local taxation for financ-
ing, is responsible for the
present stalemate. For ex-
ample, the failure of the
Okanagan Regional College
to get established after many
months of deliberations and
expenditure of monies is an
example of the inadequacy of

the present legislation. Differ-
ences of opinion on sites, fear
of increased school taxes —
all have contributed to the
impasse in the Okanagan Re-
gion.

I believe that regional and
district colleges should be fi-
nanced out of general reve-
nue, with overall provincial
planning for the establish-
ment of these colleges.

Immediate government ac-
tion should be taken to see
that these vital centres of

post-secondary education are —

made available to the citizens
of our province. : pe