51 N.Y.2d 318 (1980)
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Non-professional school employees who are part of a collective bargaining unit are ineligible for unemployment benefits between academic years if they have a written contract assuring continued employment, even if that contract is not part of the collective bargaining agreement itself.
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Summary
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This case addresses whether non-professional school employees are eligible for unemployment benefits during the summer recess between academic years. The employees, members of collective bargaining units, received notices stating their employment would continue the following school year. The New York Court of Appeals held that these notices, combined with the continuation of the terms of the expired collective bargaining agreements, constituted a “written contract” sufficient to disqualify them from receiving unemployment benefits under Labor Law § 590(11), even though the collective bargaining agreements themselves did not guarantee employment.
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Facts
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Several claimants were non-professional employees (cafeteria workers, bus drivers, and a nurse) working for different school districts. Each was part of a collective bargaining unit. The collective bargaining agreements for some districts expired at the end of June 1978. None of the agreements guaranteed employment for the following school year. In June 1978, each claimant received a letter stating they would be re-employed for the following academic year, and asked them to confirm their acceptance. All except one claimant confirmed.
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Procedural History
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The claimants applied for unemployment benefits for the summer recess. The Unemployment Insurance Appeal Board denied their claims, citing Labor Law § 590(11). The Appellate Division affirmed. The New York Court of Appeals then reviewed the case.
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Issue(s)
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Whether a written notice of continued employment, outside of a collective bargaining agreement, constitutes a “written contract” under Labor Law § 590(11) so as to disqualify non-professional school employees (who are members of a collective bargaining unit) from receiving unemployment benefits during the summer recess.
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Holding
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Yes, because the statute requires a