Hickson v. Chrysler Corp.

232 N.W.2d 667, 394 Mich. 724, 1975 Mich. LEXIS 269
CourtMichigan Supreme Court
DecidedSeptember 8, 1975
DocketDocket No. 55498
StatusPublished
Cited by1 cases

This text of 232 N.W.2d 667 (Hickson v. Chrysler Corp.) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hickson v. Chrysler Corp., 232 N.W.2d 667, 394 Mich. 724, 1975 Mich. LEXIS 269 (Mich. 1975).

Opinion

Williams, J.

The instant proceeding is the second of two Michigan Employment Security Act (MESA)1 cases, argued together, which concern whether a defendant employer successfully has disqualified plaintiff employees for unemployment compensation in accordance with MESA § 48.2

In the first action, Brown v LTV Aerospace Corp, 394 Mich 702; 232 NW2d 656 (1975), we held that an employer may designate a vacation period during a time of layoff but remanded to the appeal [726]*726board for consideration whether the employer made an effective designation.

We find in the present action that the defendant, Chrysler Corporation, had the authority to designate the period for allocation of vacation pay to a time of layoff, such designation being provided for in § 90(b) of the employment agreement. We further hold that the receipt of unused vacation credit accrued in 1969 and 1970 up to the time of the layoff was not "termination, separation, severance or dismissal allowances, and bonuses” within the meaning of the proviso to § 48.

I —Facts

Plaintiff had been an employee of Chrysler Corporation, defendant-appellee, for 11 years when he was laid off from work on June 12, 1970. Although he returned to work on August 3, 1970, the employer at the time of the layoff had characterized it as permanent. Soon after being laid off plaintiff received 28 days vacation pay from his employer in accordance with a Chrysler-UAW contract. The 28 days pay was comprised of (1) 17-1/2 days vacation credit accrued in 1969 which prior to the layoff plaintiff and his employer had agreed the plaintiff would take between July 6 and July 29 and (2) 10-1/2 vacation days accrued in 1970 up to the time of the layoff which normally would not have been taken until 1971.

On June 15, 1970 Hickson applied for unemployment compensation benefits. Eight days later and 11 days after the layoff Chrysler notified the MESC, in response to an inquiry by the commission, that "[v]acation pay for 28 days was allocated to [the plaintiff for] the period from 6/15/70 thru 7/22/70”. The commission determined that since Hickson had received 28 days vacation pay, he was [727]*727ineligible for benefits during the period June 14 through July 25, 1970. Hickson appealed to a referee from this determination.

On January 13, 1971 the referee issued his final decision concluding that the plaintiff was ineligible for benefits only during the period July 5 to August 1, 1970 — roughly the period plaintiff had originally planned to take as a vacation. Chrysler appealed this decision to the appeal board which reinstated the dates of ineligibility to cover June 14-July 25, 1970. The appeal board’s decision was affirmed by both the Macomb Circuit Court and the Court of Appeals. 50 Mich App 244; 213 NW2d 213 (1973). We granted leave on April 18, 1974. 391 Mich 812.

II —Chrysler was Authorized by Employment Agreement to Designate Period for Allocation of Vacation Pay

Whether Chrysler was authorized to designate a period for allocation of vacation pay during a layoff period such that the plaintiff employee would be ineligible for unemployment compensation requires an examination of both § 48 of the MESA and relevant portions of the Chrysler/UAW employment agreement. Section 48 provides in pertinent part:

"An individual shall be deemed 'unemployed’ with respect to any week during which he performs no services and with respect to which no remuneration is payable to him.
"All amounts paid to a claimant by an employing unit or former employing unit for a vacation or a holiday * * * shall be deemed remuneration in determining whether an individual is unemployed under this [728]*728section * * * for the period designated by the contract or agreement providing for the payment, or if there is no contractual specification of the period to which such payments shall be allocated, then for the period designated by the employing unit or former employing unit * >jc * »

Section 48 provides that the period to which disqualifying payments are to be allocated may be designated in one of two fashions: (1) the "designation may be made in the employment contract or agreement”, but if it is not then (2) the employer has the authority to make such a designation.

In this case there can be no question that the Chrysler/UAW contract provided for the designation of the period for allocation of vacation pay. Section 90(b) of the agreement pertinently reads:

"If a salaried employee is laid off, separated for a leave of absence for military service, or retires or dies, he, or his estate in the case of his death, will receive any unused vacation credit, including that accrued in the current calendar year, provided however, that a salaried employee laid off for a short period of time of known duration or temporarily separated will not automatically receive any unused or accrued vacation credits at the time of layoff or temporary separation.” (Emphasis added.)

This provision provides for the designation of a period for the allocation of unused vacation credit accrued from the prior year as well as during the year of the layoff to a portion of the layoff period.3

The fact that the period designated for the allocation of vacation pay or credits came during [729]*729the layoff in itself offers no obstacle to treating these payments as disqualifying remuneration under § 48. As we held in Brown, supra, "the employer may lawfully designate a vacation period during a layoff” citing Malone v Employment Security Commission, 352 Mich 472; 90 NW2d 468 (1958). (See also discussion of this issue in part III of this opinion.)

As the designation at issue in this case was made in the employment agreement, the employee was aware beforehand that in the event of a layoff his vacation pay would be allocated to the layoff period. This is unlike the situation in Brown, supra, where the employer attempted to allocate pay previously' received on the employees’ anniversary dates to a portion of the layoff period apparently without giving the employee any prior notice, contractual or otherwise.

Ill —The Receipt op "Vacation Credits” Paid at the Time of Layoff in Accordance With § 90(b) OF THE ChRYSLER/UAW CONTRACT WERE NOT "Termination Allowances”

Included in § 48 of the MESA is a proviso which sets forth a category of payments received by the employee which are not to be treated as "remuneration”. This portion of § 48 provides:

"payments in the form of termination, separation, severance or dismissal allowances, and bonuses, shall not be deemed wages or remuneration within the meaning of this section.”

Thus, even where an employer has the authority to designate a period for the allocation of funds, the question remains whether the funds involved are "amounts * * * for a vacation or a holiday” or [730]*730"termination, separation, severance or dismissal allowances, and bonuses”.

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Related

Hickson v. Chrysler Corp.
395 Mich. 911 (Michigan Supreme Court, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
232 N.W.2d 667, 394 Mich. 724, 1975 Mich. LEXIS 269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hickson-v-chrysler-corp-mich-1975.