Oliver v. Employment Division

Claimant appeals from a split decision of the Employment Appeals Board denying his claim for unemployment compensation. The reason for the denial was the conclusion of the authorized representative of the assistant director of the Employment Division, the referee and Board majority that claimant was not "available for,” or "actively seeking,” employment within his geographic "labor market.” We conclude, applying the test of McPherson v. Employment Division, 285 Or 541, 591 P2d 1381 (1979), that the quoted terms are primarily for administrative, not judicial, definition. We further conclude…