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Simon v General Motors Corporation 12.90

Section 29(9)

DISCIPLINARY SUSPENSION, Length of disqualification

CITE AS: Simon v General Motors Corporation, Wayne Circuit Court No. 97-738079 AE (April 16, 1998).

Appeal pending: No

Claimant: William Simon

Employer: General Motors Corporation

Docket No. B94-09282-RM9-140196

CIRCUIT COURT HOLDING: The claimant is disqualified from the date of suspension through the date of his return to work.

FACTS: The claimant was discharged on November 15, 1993. He grieved the discharge. The claimant's union and the employer settled the grievance by converting the discharge to a disciplinary suspension. The grievance was settled on November 23, 1993, but the claimant did not return to work until March, 1994. This was because the settlement provided the claimant could not return to work until the first Monday following ratification of the 1993 local contract. Notably, the claimant's work record was only to show a two week disciplinary layoff for purposes of future progressive discipline and he did not receive back pay for the interim period between the suspension and return to work. The claimant contended the disqualification should be limited to that two week period.

DECISION: The claimant was disqualified for benefits pursuant to Section 29(9) for the entire period he was off work.

RATIONALE: The reason the claimant was out of the plant until the contract was ratified was because he was being disciplined. Accordingly, he is disqualified through the date of his reinstatement.


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