The potters herald. [volume] (East Liverpool, Ohio) 1899-1982, 1939-11-16

per week; Wisconsin, with an average |
of S937, compensates its unemployed
with an average weekly benefit of
S1O.S7, while Indiana workers, who
earn 1912 each year on an average,
are paid $11.34 weekly when unem-
ployed.
Inasmuch as unemployment compen-
sation benefits are based on the work
ers earnings, the method of COM
putting his earnings is the prime fac
tor in determining the amount of
compensation he will receive for a
period of unemployment not to exceed
sixteen weeks or SIS weekly maxi
mum.
The Ohio unemployment compensa-
ton law provides that: "'Average
weekly wages means the weekly
earnings that an employe subject to
his act would average if he were en-
oloyed full time, i. e., the full num-
Der of scheduled or customary work
ng hours per week in the employment
u employments in which he is or was
engaged prior to applying for bene-
its under this act"
The Interpretation of "full time"
md establishment of an equitable rule
or determination of earnings have
,een subject to court action and de-
,ision, public hearings and recon-
nendations of the BUG Advisory
Council, statements and actions by
Administrator Atkinson.
On January 16, 1889, Franklin
county Common Pleas Judge Charles
~ Leach, enjoined the use of rule
or computing benefits based on ac-
,ual earnings of the worker.
Shortly afterward, the Unemploy-
ment c mpen t on Commission
adopted rule setting forth four
Methods Of determining wages and
computing benefits, based on the "full
lime" week principle.
On April 13 and Ia, 1889 the BUG
Advisory Council, on the recommended
| ion of Administrator Atkinson, held
| public hearings on the subject. On
| June Is, in it's first report to Governor
3ricker, the Council said: "The i'm
Mediate problems facing the Bureau
| ire primarily of an administrative
nature" The report went on to say
hat studies made by the Council in
| Heated that changes may be advisable
% simplify the benefit-paying proce-
| y and to "avoid existing inequities."
In letter accompanying the report
If the Council, Administrator Atkin-
son advised Governor Bricker that the
Ohio law provided for payment Of
benefits on the basis Of full-time week
| " earnings, and establishment Of
| such minimum standard in the Fed
aral Social Security Act contemplated
| ~ Congress at that time, would not
1ecessitate change in the Ohio law.
Having adopted the rule previously
established by the Commission, Ad-
ninistrator Atkinson's apparent rec
ognition of the full-time week princi-
pie of determining benefits should
have ended the long controversy.
But comparative statistics, com
plants of workers and a study of the
method employed by Administrator
Atkinson in computing benefits and
determining earnings reveal that such
is not the case.
Workers throughout the state COM
plain that they are not receiving
proper benefits. For example, the sep
aration Unemployment card of one
worker bore statement from his en-
ployer that his wage, if employed full
time, was $3.50 per week, emitting
him to weekly benefits of $14.25. He
complained that his BUG benefit check
was approximately 81 per week less
than the amount he expected to re-
ceive.
Other workers, employed at the
same occupation and identical rates
of pay, have complained that each re-
ceived different benefit amount and
all were less than the SO they ex-
pccted to receive, inasmuch as their
wage, when employed full-time, was
S20 per week.
A modified form Of the actual earn
ings formula as basis for computing
benefits, which has been put into eff
feet by Administrator Atkinson, ap-
| pdicIltlS II IcSpoliSlDlc IOi tlle COLI
fusion, complaints and Ohio's low
benefit payment standing in the Ma
ton.
| At his direction, benefits are paid
on the basis Of one-half of a full
week. earnings, if the full week earn
ings can be established or if they APP
pear with sufficient repetition to in
dicate a full wage. If the "full
weeks" earnings cannot be Establish
ed the average of earnings over q
three month period is used
Failure Of the Administrator to rec
ognze the wage and hour provisions
of a labor union contract as the basis
for establishing full-timc week for