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Howell Public Schools v Billups 5.07

Section 27(i)

DENIAL PERIOD, Non-teaching employees, Custodial workers, Customary vacation period

CITE AS: Howell Public Schools v Billups, 167 Mich App 407 (1988).

Appeal pending: No

Claimant: Robert A. Billups, et al

Employer: Howell Public Schools

Docket No: B63 06942 R01 95895 et al

COURT OF APPEALS HOLDING: When non-teachers had a tradition of working from 12-26 thru 1-1 and the collective bargaining agreement provided for a 52 week work year, they had a reasonable expectation to work during that period and the layoffs in question did not occur during an established or customary vacation period under 27(i)(2)(b).

FACTS: The claimants were custodial and maintenance employees. Their unions' bargaining agreement with the employer provided for work on an hourly basis for 52 weeks per year not including holidays. Their work schedule included the days between Christmas and New Years, spring break, and summer vacation.

The claimants were notified of a 1 week layoff 12-26-82 thru 1-1-83. This had never occurred before during this time and the period was not an established holiday for the claimants although classes were not in session.

DECISION: The school denial period is not applicable. Claimants are entitled to benefits under Section 27(i)(2)(b) of the Act.

RATIONALE: Based upon their previous history and their collective bargaining agreement the claimants had a reasonable expectation of working between 12-26 and 1-1. While school may not have been in session, this is not the determinative factor as to what constitutes an "established and customary vacation period". Rather it refers to periods where the employees did not traditionally work and did not have a collective bargaining agreement to work.


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