Opinion
June 16, 1955.
Appeal from Unemployment Insurance Appeal Board.
Present — Foster, P.J., Bergan, Coon, Imrie and Zeller, JJ.
The contract between the employer and the union of which claimants were members contained a provision that the employer might shut down its plant for a two weeks' period providing it gave the employees thirty days' prior notice of the intention to shut down. It also provided for vacation pay for employees graded upon length of employment. None of these claimants had had sufficient length of service to entitle her to full payment for the two weeks' vacation period. Timely notice of employer's intention to shut down was given, qualified by the statement, "Some operations will continue during vacation. These employees will be contacted personally". The plants where these claimants were employed were shut down in accord with the notice except that guards, watchmen and maintenance personnel remained on the job. The case is analogous to Matter of Gerlach ( Corsi) ( 284 App. Div. 108 1-1082), where the court said, "The only fair construction of the contract is that the union, on behalf of all of its members, consented that the plant be closed during the period involved, constituting a temporary, voluntary withdrawal of the union members from the labor market." The issue here is substantially the same as in the cases of Matter of Barnes ( Corsi) ( 286 App. Div. 910) and Matter of Accordino ( Corsi) ( 286 App. Div. 910), decided herewith. Decision of the Unemployment Insurance Appeal Board unanimously affirmed, without costs.