ON THE MERITS
Assuming arguendo that whether an educational service district is an educational institution is purely a question of law as the majority asserts, I would *198respectfully disagree with the construction of the Unemployment Insurance Law offered by the majority for the following reasons:
As I read ORS 657.010(16), I believe EAB’s conclusion is correct that the District is an "educational institution” as contemplated under the provisions of ORS 657.221.
First, the introductory clause of ORS 657.010 (which the majority omits from its quotation of that statute) prefaces all definitions with these very significant words:
"As used in this chapter, unless the context requires otherwise:
« ífc í-< ífí
It is my conclusion that the context of ORS 657.221, which provides that no benefit shall be payable to educational institution personnel during any school vacation if the claimant is regularly employed before and after the vacation periods, is a circumstance where the context requires otherwise. United States v. J. Gerber & Co., 436 F2d 1390, 1394, 58 CCPA 110 (1971). In the context of ORS 657.221 the term "educational institution” necessarily includes an educational service district. Claimant had been notified by the District to return to work at the end of the regular summer vacation on August 21, 1978. Because of her intent to return to her job with the District after vacation, claimant was not unequivocally attached to the labor market, Minniti v. Employ. Division, 21 Or App 356, 535 P2d 99 (1975). To hold that she was nevertheless eligible for benefits during the vacation period would fly in the face of ORS 657.221.
As EAB pointed out in its decision,
" * * * [ORS 657.221] applies to service performed for an educational institution operated by a political subdivision. Educational institutions are defined under ORS 657.010(16). ORS chapter 334 regulates Educational Service Districts (I.E.D.). An examination of that chapter shows that the purpose of the *199Educational Service District is to provide support for the educational institutions within the district. These services are so closely linked to and a part of the school districts that we find the Educational Service Districts are educational institutions as contemplated under the provisions of ORS657.221. An examination of ORS chapter 334 also reveals that an Educational Service district is a political subdivisionThereiore, it is our finding that the provisions of ORS 657.221(4) have been met.
"It is common knowledge that the summer months are historically and traditionally the period between two successive academic years. In the case at hand the claimant performed services during the preceding academic year and unquestionably had a reasonable assurance that she would perform services during the next academic year. Therefore, the provisions of ORS 657.221(1) apply. We find that ORS 657.221(3) applies to established and customary and vacation periods and holiday recesses other than periods between two successive academic years or terms. Even if we were to find that the services performed by the claimant fell under the provisions of ORS 657.221(3) we find that the phrase 'established and customary’ pertains to the 'established and customary’ overall practice of one employee who might be employed over a 12 month period.
"It is our finding that the claimant is therefore subject to the provisions of ORS 657.221 and benefits should not be allowed.” (Emphasis added.)
Second, the construction reached by the majority would lead to an incongruous result whereby a person who legally is neither "unemployed” nor "available for work” would be receiving unemployment benefits.
A court in construing a statute must ascertain the intention of the legislature and refuse to give literal application when to do so would produce an absurd or unreasonable result, but rather must construe the Act, if possible, so that it is a reasonable and workable law and not inconsistent with the general policy of the legislature. Pacific P. & L. v. State Tax Com., 249 Or 103, 437 P2d 473 (1968).
*200Here the construction argued for by claimant would not only be totally inconsistent with the whole legislative scheme of the Unemployment Insurance Law, it would give claimant a financial benefit not conferred upon any other person similarly situated in the state educational system, including school district employes, so far as I can ascertain.
For the foregoing reasons, I respectfully dissent.