04. Total or Partial Unemployment

MESC v Vulcan Forging Co – 4.22

MESC v Vulcan Forging Co
Digest no. 4.22

Section 48

Cite as: MESC v Vulcan Forging Co, 375 Mich 374 (1965).

Appeal pending: No
Claimant: Henry Czarnata
Employer: Vulcan Forging Company
Docket no.: B58 2338 21038
Date of decision: May 10, 1965

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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 IM Dach Underwear Co v ESC, 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.”

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