<
td width=
"75%"
align=
"left"
valign=
"top"
class=
"pagebg"
headers=
"logo2"
>
<
table border=
"1"
cellpadding=
"6"
cellspacing=
"0"
width=
"50%"
bgcolor=
"#FFFFFF"
>
<
tr>
<
th colspan=
"2"
align=
"center"
>
<
h4>
Office Closing:
<br>
President's Day
</
h4>
</
th>
</
tr>
<
tr>
<
th align=
"right"
nowrap=
"nowrap"
class=
"td5px"
>
<
div class=
"normalFont"
>
Close: 2/15/2010
<br>
Re-open:2/16/2010
</
div>
</
th>
<
td valign=
"middle"
class=
"td5px"
>
<span class="normalFont"
>
All State Government Offices will be closed Monday February 15, 2010 in observance of President's Day, and will reopen Tuesday February 16, 2010.
</span>
</
td>
</
tr>
</
table>
<
form name=
"CFForm_1"
id=
"CFForm_1"
action=
"/vecportal/field/field_offices.cfm"
method=
"post"
onsubmit=
"return _CF_checkCFForm_1(this)"
>
<
div align=
"right"
class=
"nowrap"
>
<a href="javascript:bookmarksite('Precedent Decision Manual - Preface', 'http://www.vec.virginia.gov/?unins/precedent/preface.cfm')"
>
Bookmark this Page!
</a>
|
<input name="findbyzip"
id="findbyzip"
type="text"
value="VA Zip Code"
maxlength="5"
onclick="clearValue(this)"
size="10"
>
<
input type=
"submit"
value=
"Find a VEC Office (Workforce Center)"
>
</
div>
</
form>
<br>
<br>
<
p align=
"center"
>
<
span class=
"bold"
>
COMMONWEALTH OF VIRGINIA
<br>
</
span>
<span class="bold"
>
PRECEDENT DECISION MANUAL
</span>
<br>
REVISED (1-97)
</
p>
<
p>
<a href="index.cfm"
>
Home
</a>
-
<span class="bold"
>
PREFACE
</span>
-
<a href="toc.cfm"
>
Table of Contents
</a>
-
<a href="alphalist.cfm"
>
Alphabetical
Listing of Cases
</a>
-
<a href="precedentmanual.cfm"
>
Subject Index (All Sections)
</a>
</
p>
<
p>
Individual Sections:
<br>
<a href="ableandavailable.cfm"
>
Able and Available
</a>
-
<a href="labordispute.cfm"
>
Labor
Disputes
</a>
-
<a href="miscellaneous.cfm"
>
Miscellaneous
</a>
-
<a href="misconduct.cfm"
>
Misconduct
</a>
-
<a href="procedure.cfm"
>
Procedure
</a>
-
<a href="suitablework.cfm"
>
Suitable
Work
</a>
-
<a href="totalandpartialunemployment.cfm"
>
Total and Partial Unemployment
</a>
-
<a href="voluntaryleaving.cfm"
>
Voluntary
Leaving
</a>
</
p>
<
p>
<span class="bold"
>
PREFACE
</span>
:
<br>
In making their determinations and decisions, unemployment
compensation claims adjudicators at all levels are guided by (1) the Virginia
Unemployment Compensation Act, (2) the Rules and Regulations Affecting Unemployment
Compensation issued by the
<a href="/vecportal/"
>
Virginia
Employment Commission
</a>
, and (3) the Field
Operations Manual or special memoranda issued by the Commission.
</
p>
<p>
Within the above guidelines, claims adjudicators exercise considerable discretion
in deciding cases. The primary purpose of this Precedent Decision Manual is
to provide a means to assist in the application of this discretion so that
cases with similar facts
will be similarly decided. The secondary purpose of the Manual is to serve
as a training tool to improve our efficiency in the rapid
resolution of recurring or similar cases.
</p>
<p>
Careful use of this Manual will ensure consistency in writing
reasoned opinions. Consistency is a special virtue because (1)
equality or uniformity of treatment is a major ingredient of
justice and (2) the process of striving for consistency tends to
prevent arbitrariness in our decisions. Along with consistency
goes the system of building a body of precedents so that each
decision is related to prior decisions.
</p>
<p>
To ensure that the selection of new precedent decisions is a
continuing process and that unemployment insurance (UI) staff
members may be involved in the selection, written recommendations
for additions to and deletions from the Manual may be made to the
Director, Administrative Law Division, Virginia Employment Commission, P. O.
Box 1358, Richmond, Virginia 23211. Some
guidelines in selecting precedent decisions are as follows:
</p>
<p>
1. Findings of Fact on which a decision is based must be stated
in the precedent. (Appeals Examiner's Findings of Fact
adopted by the Commission can be added to a precedent to make
it a complete decision.)
</p>
<p>
2. Opinions and conclusions of law must be supported by stated
facts.
</p>
<p>
3. Selected decisions must have in the opinion clearly and concisely stated
reasoning as to why the facts support the
conclusion.
</p>
<
p>
4. Special consideration will be given to leading cases, cases
involving unusual points of law, and all cases ruled upon by
the Courts. Published decisions issued by the Virginia Court
of Appeals will automatically become a part of the Precedent
Decision Manual.
<br>
<br>
Decisions will be selected by majority vote of a Technical Review
Committee appointed by the Director, Administrative Law Division.
</
p>
<p>
These precedent decisions will be accessible to and open for review
by all parties affected by them, as well as, the general public.
The Precedent Decision Manual is designed to be used as follows:
</p>
<p>
1. As a guide to be followed when rendering decisions.
</p>
<p>
2. To explain to an interested party prior decisions involving
similar issues.
</p>
<p>
3. As a research tool for advocates.
</p>
<
p>
The Manual is not to be used as a substitute for the Virginia
Unemployment Compensation Act or for the Rules and Regulations of
<br>
the Commission. Through its use, uniformity of decisions should be
accomplished.
</
p>
<p>
The Manual is comprised of the following:
</p>
<p>
1. Table of Contents -- Outlines by code numbers of the seven (7)
divisions of sections devoted to decisions.
</p>
<p>
2. Seven (7) divisions of sections (each preceded by an
identifying tab divider; i.e., Able and Available) as
follows:
</p>
<
p>
A. Able and Available (AA) ^
<br>
B. Labor Dispute (LD)
<br>
C. Miscellaneous (MS)
<br>
D. Misconduct (MT)
<br>
E. Procedure (PR)
<br>
F. Suitable Work (SW)
<br>
G. Total and Partial Unemployment (TP)
<br>
H. Voluntary Leaving (VL)
</
p>
<p>
3. Headnote Sheets -- Headnotes are brief summaries of the legal
rules or significant facts in the cases. They are designed to
be used as a research tool for the convenience of the reader.
Each division (i.e., Able and Available) is sub-divided into
sections (i.e., 150 -- Distance to Work), and each section divided
into types of cases (i.e., 150.2 -- Transportation and Travel). A
code number is assigned to each section and a decimal point and
number are added to indicate each type of case within the sections.
Similar issues may be found in different divisions, and if so, the
code numbers remain the same (i.e., 150.2 -- Transportation and
Travel -- is also found under divisions Able and Available,
Suitable Work and Voluntary Leaving. Code number cross references
will be used to set forth different issues and principles, as
required.
</p>
<p>
Each decision for insertion in the Manual will be coded according
to the Table of Contents. When received, insert in the Manual
under the proper division and code. Cross references should also
be filed according to division and code numbers. Decisions must be
retained in the Manual unless instructions are received authorizing
removal. Decisions will consist of precedent, first time, and
leading cases and are defined thus:
</p>
<p>
1. Precedent Decisions — decisions of a court or the Commission
which establishes a rule of law for a particular type case and
should be thereafter referred to in deciding similar cases.
</p>
<p>
2. First-Time Decisions — decisions of the Appeals Examiner on
issues and principles on which there have been no precedent
decisions.
</p>
<p>
3. Leading Cases — cases frequently cited by the Commission and
are looked upon as having settled or determined the law upon
all points involved in such cases and as guides for subsequent
decisions.
</p>
<p>
Example of Locating Decisions in the Manual
</p>
<p>
If suitable work is involved, turn to the Table of Contents
and
locate the division. Suitable Work.
</p>
<p>
If the issue is refusal of work because of distance to work, you
will find Section 150, Distance to Work.
</p>
<p>
If the specific issue is transportation and travel, it
will be
indicated as 150.2. Turn to the division. Suitable Work, and Code
150.2, the precedent or first-time decision with reference to this
issue will be found.
The adjudicator should read the decision or decisions filed therein
and be guided thereby in rendering his/her decision, if appropriate.
</p>
<
p>
I sincerely hope this Manual will help to educate professional
adjudicators, guide interested parties and their representatives,
and inform students and the general public of case law in Virginia
affecting claims for unemployment compensation.
<br>
</
p>
</
td>