Eastern Air Lines, Inc. v. Florida Industrial Commission

201 So. 2d 604, 1967 Fla. App. LEXIS 4648
CourtDistrict Court of Appeal of Florida
DecidedJuly 18, 1967
DocketNo. 67-139
StatusPublished
Cited by3 cases

This text of 201 So. 2d 604 (Eastern Air Lines, Inc. v. Florida Industrial Commission) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eastern Air Lines, Inc. v. Florida Industrial Commission, 201 So. 2d 604, 1967 Fla. App. LEXIS 4648 (Fla. Ct. App. 1967).

Opinion

PER CURIAM.

This is a petition for a writ of certiorari to review a decision of the Unemployment Compensation Board of Review of the Florida Industrial Commission brought by petitioner, Eastern Air Lines, pursuant to § 443.07(4) (e), Florida Statutes, F.S.A.

As a consequence of a strike by certain airline employees, large numbers of nonstriking employees of petitioner, Eastern [606]*606Air Lines, were temporarily removed from the payroll immediately after the beginning of the strike on July 8, 1966. We are here concerned with two particular groups of these non-striking employees who filed claims for unemployment benefits.

Group A is comprised of employees whose vacations were scheduled during the period of the strike, commencing immediately following the initiation of the strike. These employees received vacation pay from Eastern for that period.

Group B is comprised of employees whose vacations were scheduled at later dates, but who executed the following form sent to them by Eastern:

“FORM #4
(Vacation Election Notice) EASTERN AIR LINES, INC.
“TO: J. E. Wood Miami
“FROM: _ CLASSIFICATION: _
“This is to advise that I hereby elect to reschedule my vacation to take same during the present strike period.
“My Vacation is scheduled from-to-
“I request it be rescheduled from-to-
“I understand that I will be expected to return to work immediately following the strike even though my vacation has not been completed.
“My present shift hours start_end-
“My days off are-and —¡_
“_Emp.No_Cost Center No_”
Signature
“MIAAA Payroll
“The request for the above employee to reschedule his vacation is approved.
“_ Title_”
Employee Supervisor

These employees elected dates for vacations which were within the strike period, and they also received vacation pay from Eastern.

Both groups filed claims for-, unemployment benefits, which claims were heard by a claims examiner. The decision of the examiner that neither group was entitled to benefits was affirmed as to group A claimants but reversed as to group B claimants by the Appeals Referee. The Board of Review affirmed the decision of the Appeals Referee, whereupon Eastern Air Lines brought a petition for writ of certi-orari.

Section 443.04(3) (a), Florida Statutes, F.S.A., governs any decision as to who shall receive unemployment benefits. It reads:

“Each eligible individual who is totally unemployed in any week shall be paid with respect to such week a benefit in an amount equal to his weekly benefit amount.”

[607]*607The burden is upon the claimant to prove by substantial competent evidence that he comes within the purview of the statute and is thus entitled to receive benefits. Newkirk v. Florida Industrial Commission, Fla.App.1962, 142 So.2d 750; Teague v. Florida Industrial Commission, Fla.App. 1958, 104 So.2d 612. As a part of this burden of proof, the claimant must show that he is “totally unemployed”.

We recognize the principle that the decisions of the Board of Review and Appeals Referee should not be disturbed if supported by substantial competent evidence. Teague v. Florida Industrial Commission, supra. However, since the Legislature has seen fit to define the term “unemployed”, the statute must provide the yardstick by which the evidence is measured. Section 443.03(12) (a), Florida Statutes, F.S.A., as it pertains hereto, recites :

“An individual shall be deemed ‘totally unemployed’ in any week during which he performs no services and with respect to which no wages are payable to him * *

It is conceded that, during the period in question, claimants performed no services whatsoever. Therefore, the question of unemployment resolves itself into the narrower issue of whether or not the claimants received any “wages” during the period.

Again, recourse lies in the statute. Section 443.03(13) (a), Florida Statutes, F.S.A., provides:

“ ‘Wages’ means all remuneration paid for services from whatever source, including commissions and bonuses and the cash value of all remuneration paid in any medium other than cash.”

This definition is sufficiently broad to encompass vacation pay. Therefore, an employee on a paid vacation, while he performs no services, is not unemployed within the meaning of § 443.04(3) (a), Florida Statutes, F.S.A. The Board of Review correctly held that group A claimants, whose vacations were scheduled immediately after July 8, and who received vacation pay, were not entitled to unemployment benefits.

As to group B claimants, respondents contend that an election was made to take “pay in lieu of a vacation”, rather than to take a vacation with pay, relying upon the case of Renown Stove Co. v. Michigan Unemployment Compensation Commission, 328 Mich. 436, 44 N.W.2d 1 (1950). In Renown, employees who had been laid off because of lack of work began collecting unemployment benefits. The employer then announced that, beginning on a set date, vacations would commence and vacation pay would be issued for either one or two weeks, depending upon the employee’s classification. The company then objected when employees continued to receive unemployment compensation during the announced vacation period. On appeal, the Supreme Court of Michigan held that certain of the employees were entitled to benefits, whereas others were not. Referring to those employees who were entitled to the benefits, the opinion states:

“The employees covered by this contract exercised their option and elected to receive a bonus of 40 or 80 hours’ pay in lieu of a vacation with pay, as they had a right to do under the contract.”

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Related

Baeza v. PAN AM./NATIONAL AIRLINES
392 So. 2d 920 (District Court of Appeal of Florida, 1980)
Gibbs v. Florida Department of Commerce
368 So. 2d 651 (District Court of Appeal of Florida, 1979)
Stewart v. Florida Department of Commerce
246 So. 2d 146 (District Court of Appeal of Florida, 1971)

Cite This Page — Counsel Stack

Bluebook (online)
201 So. 2d 604, 1967 Fla. App. LEXIS 4648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eastern-air-lines-inc-v-florida-industrial-commission-fladistctapp-1967.