Kelly v. Administrator

The plaintiffs in this case are employees of the High Standard Manufacturing Corporation, a subject employer under the Unemployment Compensation Act, and work in one of the corporation's plants on Dixwell Avenue in Hamden. They seek to recover unemployment compensation for the work week in which July 4 fell, during which the employer shut down its plant in order, so it claimed, that the employees might have a vacation. On January 5, 1948, the corporation entered into an agreement with a labor union representing the plaintiffs. This agreement contained the following provisions: ""Article VI. Vacations. Sec. 1. Employees on the payroll of the Company at the end of the last full calendar week in May and at the end of the last full calendar week in November will be entitled to a vacation with pay provided they were employed by the Company not later than the end of the previous period and remain employees until the qualifying dates above mentioned. Sec. 2. The amount of vacation pay shall be 4% of the employees gross earnings paid during the period following the end of the preceding vacation period with the exception that the payment to be made in June, 1948, shall be 4% of the gross earnings paid between December 16, 1947,