Smith v. Unemployment Insurance Appeals Board

In 1971 provisions were added to the Unemployment Insurance Code making state employees eligible for unemployment compensation under certain conditions. The Unemployment Insurance Appeals Board has ruled that persons working for the state Employment Development Department as part-time (“intermittent”) employment and claims assistants (EGAs) could not qualify for unemployment insurance. The three petitioners, all of whom had been employed as EGAs, are claimants for unemployment compensation. They unsuccessfully challenged the appeals board ruling in the superior court and now appeal.

The state Civil Service Act provides for the appointment of several kinds of civil service employees on less than a full-time «basis. A state agency may need persons to work on an intermittent or irregular time basis to accommodate variations in its workload. Eligible persons who are willing to accept employment as intermittent employees may be certified to such positions from civil service lists. (Gov. Code, §§ 19100-19101.)

Petitioner-claimants accepted intermittent employment as EGAs who would be available to work in local ofiices of the Employment Development Department (or, as it was…