Employment Department v. Bires

Petitioners1 seek review of final orders of the Employment Appeals Board (EAB) holding that claimants Ella Bires and Lorraine Goodman were not disqualified from receiving unemployment compensation benefits during the summer recess of 1994. We address only whether EAB erred in holding that, even in cases involving periods between academic years, EAB is required to make a “threshold inquiry” to determine whether claimants were unemployed immediately before the summer recess. We reverse and remand.

The construction and application of the relevant statute, ORS 657.167, is a question of law.…