Blanding v Kelsey Hayes – 4.06

Blanding v Kelsey Hayes
Digest no. 4.06

Section 48

Cite as: Blanding v Kelsey-Hayes Co, No. 80 022124 AE, unpublished opinion of the Wayne County Circuit Court, issued February 18, 1981 (Docket No. 80 022124 AE).

Appeal pending: No
Claimant: James Blanding, et al.
Employer: Kelsey-Hayes Co.
Docket no.: B76 13949(1) 60456 et al.
Date of decision: February 18, 1981

View/download the full decision

CIRCUIT COURT HOLDING: Where a contract requires payment of vacation pay in March of each year, and allows designation of a vacation shutdown period, the March payment is not remuneration.

FACTS: The claimants received their vacation pay in March of each year, as specified in the union contract. Section 19 of the contract allowed designation of a vacation shutdown period. “At various times in 1975 and 1976 the management at the three plants invoked the company’s option, as provided in Section 19, to require vacations to be taken during a plant shutdown period.”

DECISION: The payments in question are not remuneration under Section 48 of the Act.

RATIONALE: The Court cited Renown Stove Co v UCC, 328 Mich 436 (1950), and Hubbard v UCC, 328 Mich 444 (1950). “The lesson of the Hubbard and Renown Stovecases is that the questioned payments, being payable at the specific time and without regard to whether vacation time is also taken, do not qualify in the first instance under Section 48 as ‘amounts paid … for a vacation,’ are bonuses instead, and are therefore not subject to the employer’s right of allocation.” “The rationale of the Supreme Court’s interpretation of Section 48 seems clear. Although vacation pay is deemed remuneration, a payment cannot be considered remuneration for the period of unemployment if the employee is entitled to the payment in all events without regard to the period of unemployment.”

Digest Author: Board of Review (original digest here)
Digest Updated:
11/90

Turner v Creative Industries of Detroit, Inc – 4.09

Turner v Creative Industries of Detroit, Inc
Digest no. 4.09

Section 48

Cite as: Turner v Creative Industries of Detroit, Inc, unpublished opinion of the Court of Appeals of Michigan, issued April 30, 1980 (No. 44061).

Appeal pending: No
Claimant: Jimmy Turner, et al.
Employer: Creative Industries of Detroit, Inc.
Docket no.: B76 3548 (1) 53458, et al.
Date of decision: April 30, 1980

View/download the full decision

COURT OF APPEALS HOLDING: Where holiday pay is distributed in every weekly paycheck, as a percentage of straight time earnings, it is not allocated to the designated holidays.

FACTS: The union contract and a supplemental agreement established a vacation shutdown from December 22 through January 2. “The contract further provided that holiday pay would no longer be distributed to employees at the time of the holiday. Instead, ‘each employee’s weekly paycheck … [would] include an amount equal to 4.2 percent of his straight time hours worked.'”

DECISION: The claimants are eligible for benefits for the vacation shutdown period.

RATIONALE: “In the instant case, both Creative Industries and the Union agreed on the designation of the Christmas season holidays. At issue then is whether holiday payment was ever adequately allocated to those holidays, as required by the statute. See General Motors Corp v Unemployment Compensation Comm, 331 Mich 303 (1951) . “In General Motors Corp, supra at 306-310, the Supreme Court held that holiday pay was remuneration in part where the bargaining parties had allocated funds to a specific day – December 25. In the present case, however, there has been no allocation of holiday pay to anyspecific holiday. Rather, the parties have agreed that each employee will receive 4.2 per cent of his straight time in each paycheck to cover all holidays.”

Digest Author: Board of Review (original digest here)
Digest Updated:
11/90

McCaleb v Harbor Industries, Inc – 4.10

McCaleb v Harbor Industries, Inc
Digest no. 4.10

Section 48

Cite as: McCaleb v Harbor Industries, Inc, unpublished opinion of the Court of Appeals of Michigan, issued September 8, 1978 (No. 77-5202).

Appeal pending: No
Claimant: Victor E. McCaleb, et al.
Employer: Harbor Industries, Inc.
Docket no.: B75 15530 50209
Date of decision: September 8, 1978

View/download the full decision

COURT OF APPEALS HOLDING: (1) Where contractual specification of vacation procedures includes designation of vacation periods but does not treat the allocation of vacation pay, the employer may allocate such pay as it chooses. (2) Arbitration has no role in the determination of eligibility for benefits.

FACTS: The employer allocated vacation pay to a week in which the claimants were on layoff. A subsequent arbitration decision dealt with the selection of a vacation period.

DECISION: The claimants received remuneration under Section 48 of the Act.

RATIONALE: The Court affirmed the Ottawa Circuit Court, which held: “We interpret Section 10.1 of the Collective Bargaining Agreement as dealing with the scheduling of vacations by the employer, and employee participation in selecting individual vacation periods. Nothing is said about the allocation of vacation pay to any particular period. Neither does the arbitrator’s decision reach such issue. (Properly so, because arbitration has no place in the Michigan system of administrative and judicial determination as to eligibility for statutory employment compensation benefits.) We reject appellant’s request to add contractual language by implication as being without justification, particularly in view of the statutory grant of power to the employer to allocate vacation pay as he chooses in the absence of ‘contractual specification.'”

Digest Author: Board of Review (original digest here)
Digest Updated:
11/90

Renown Stove Co v UCC – 4.21

Renown Stove Co v UCC
Digest no. 4.21

Section 48

Cite as: Renown Stove Co v UCC, 328 Mich 436 (1950).

Appeal pending: No
Claimant: George Sheldon, et al.
Employer: Renown Stove Company
Docket no.: B8 5900 1 9580
Date of decision: September 11, 1950

View/download the full decision

MICHIGAN SUPREME COURT HOLDING: Where the option to receive vacation with pay or payment in lieu of vacation rests with the employee, a payment received during a period of unemployment will be deemed a bonus rather than vacation pay.

FACTS: One group of employees worked under a contract which provided for vacation pay and specified the vacation period from July 5 to July 18, 1948. There was no option for payment in lieu of vacation. The second group’s contract also provided for vacation pay but their vacation period was not specified and these claimants had the right to receive pay in lieu of vacation. Both groups of employees were laid off for lack of work in April, 1948 and filed for and began receiving unemployment benefits. On June 28, 1948, they received checks equal to either 1 or 2 weeks of wages. The employer contested the payment of benefits for the period following July 5, 1948 asserting that the workers had vacation pay for the same period.

DECISION: The claimants covered by the first agreement received vacation pay and are not entitled to receive unemployment benefits for the same period. Those covered by the second agreement received a bonus and not vacation pay and are entitled to receive benefits with respect to the period beginning July 5 during which they did not work.

RATIONALE: The controlling question is whether the employer paid the employees for or with respect to the 1 or 2 week period beginning July 5. The first agreement specified that the period from July 5 to July 18 was a vacation period and those claimants were not entitled to the June 28 payment for any other reason. But, the claimants who worked under the second agreement had the option to take a vacation with pay or work, and in addition to wages for such work, receive a bonus in lieu of the vacation with pay. Since the option rested with the employees, the June 28 payment was a bonus and not vacation pay.

Digest Author: Board of Review (original digest here)
Digest Updated:
12/91