Makela v Waterford School District Digest no. 10.20 Section 29(1)(a) Cite as: Makela v Waterford School Dist, unpublished opinion of the Michigan Employment Security Board of Review, issued April 9, 1980 (No. B79 01484 66562). Appeal pending: No Claimant: Eve Makela Employer: Waterford School District Docket no.: B79 01484 66562 Date of decision: April 9, 1980 View/download… Read More »
COURT OF APPEALS HOLDING: (1) Where contractual specification of vacation procedures includes designation of vacation periods but does not treat the allocation of vacation pay, the employer may allocate such pay as it chooses. (2) Arbitration has no role in the determination of eligibility for benefits.
SUPREME COURT HOLDING: (1) A pro-rata vacation allowance at the time of layoff is not a termination allowance and may be considered as vacation pay. (2) Where claimants are not numerous enough to require a class action, and their consolidated appeal is filed in a circuit other than Ingham, the appeal must be dismissed as to any claimant not residing in the circuit of filing.
SUPREME COURT HOLDING: Where a labor agreement provides for the allocation of vacation pay to a portion of an indefinite layoff period, the payments are remuneration and not severance pay.