The Unemployment Compensation Act, R. L., c. 218, s. 3 C, as amended by Laws 1947, c. 59, s. 10, provides that “an únemployed individual shall be eligible to receive benefits with respect to any week only if the commissioner finds that . . . C . . . he is able to work, and is available for work . . . .” The availability requirement of the statute does not demand of the claimant total availability for any work offered. Where the claimant is ready to accept suitable work which he does not have good cause to refuse, he is considered attached to the labor market and available.
Roukey
v.
Riley,
96 N. H. 351; 55 Yale L. J. 123. Where the claimant attaches such restrictions on the time or type of work he will accept that there is no market for his services as offered, he is not considered available.
Schmahman
v.
Corsi,
101 N. Y, S. 991;
Valenti
v.
Board of Review,
4 N. J. 287;
Kut
v.
Albers Super Markets,
The more difficult cases are those where the claimant has limited availability for shift employment which is the situation in the present case. See Altman and Lewis, Limited Availability for Shift Employment, 28 Minn. L. Rev. 387. In
Ford Motor Co.
v.
Unemployment Comp. Com’n,
The plaintiff was unavailable for second and third shift work solely because she had an invalid mother who was in such condition that she needed care. The plaintiff had been collecting unemployment compensation for a period of twenty-five weeks while there was availability of work in her particular field at the same rate of pay on both the second and third shifts. It is not disputed that during the period in which the plaintiff was unemployed there was #an economic recession in the Manchester area, that unskilled labor was the first to be laid off and the last to be rehired, that textile unemployment increased and throughout this period the plaintiff searched for but was unable to find first shift work. It is likewise undisputed that by custom or by union contract vacancies on first shift are offered to employees on other shifts so that work opportunities for new employees occurred more frequently on the second aild third shifts rather than on the first shift. In view of this evidence it cannot be said that there was a labor market in the Manchester area during the period in question for unskilled workers in the first shift. The plaintiff was “no longer, in fact, available for work in that locality.” Roukey v. Riley, 96 N. H. 351, 353. A finding that the plaintiff was available for work within the meaning of the unemployment compensation statute is not sustainable on this record.
While there is no general formula which will determine all cases involving unavailability, it is significant that the great weight of the judicial decisions support the view we take in this case that the plaintiff is unavailable for work and therefore ineligible for unemployment compensation.
LeClerc
v.
Administrator,
Exceptions sustained.
