Section 48
UNEMPLOYED, Unpaid vacation, Leave of absence defined
CITE AS: Employment Security Commission v Vulcan Forging Co, 375 Mich 374 (1965).
Appeal pending: No
Claimant: Henry Czarnata
Employer: Vulcan Forging Co.
Docket No: B58 2338 21038
SUPREME COURT HOLDING: Claimants who were on unpaid vacation pursuant to a collective bargaining agreement were unemployed according to the Act for those weeks with respect to which they performed no services and received no remuneration.
FACTS: The plant where claimants worked was shut for vacation in accordance with a collective bargaining agreement but the instant claimants received no vacation pay because they had insufficient senority.
DECISION: The claimants were unemployed for purposes of the Act.
RATIONALE: The court expressly overruled I.M. Dach Underwear Co. v E.S.C., 347 Mich 465 (1956). The court concluded that claimants' unpaid vacation status was not equivalent to a "leave of absence" because a leave of absence "signifies an authorized temporary absence from work for other than vacation purposes."
12/91
NA