Do vacation benefits accrue during layoff?

Does your labor agreement clearly answer this question? It's easy to get into semantic disagreements when vacation eligibility is based on "employment.

06/01/1998


Does your labor agreement clearly answer this question? It's easy to get into semantic disagreements when vacation eligibility is based on "employment."

Labor and management aren't the only ones who don't always see eye-to-eye on this matter. Arbitrators often have differing opinions as well. Two points of view prevail -- depending on the area involved and, where a case comes to arbitration, the arbitrator involved.

In a manufacturing plant the contract specified that "workers earned one week of vacation after a year's employment." When maintenance department Welder Aaron Kagen was denied his week, he protested, claiming he had fulfilled the 1-yr requirement. Dan Rivers, his supervisor, disagreed.

"Six months ago, you were laid off for three months after being employed eight months. When you were recalled, it added two months to your employment. That comes to a total of ten months, two months short of the 1-yr requirement. I'm sorry, you don't qualify."

Kagen insisted that his employment under the company's vacation clause continued during his layoff. He threatened to file a grievance if he didn't get the week to which he was entitled.

Question : Do you think Kagen's claim is justified?

Malen's ruling: "No week's vacation for Kagen," Plant Engineer Sam Malen ruled after being filled in on what had transpired by Rivers. "The word earned is a key determinant in this case. It's obvious that an employee can't earn vacation entitlement while on layoff."

On the other hand, some arbitrators rule that employees do not have their vacation time accumulation interrupted by layoff if they are eligible for recall under the contract. A good way to avoid hassles of this kind is to include the words continuous employment in specifying vacation entitlement.





No comments
The Top Plant program honors outstanding manufacturing facilities in North America. View the 2015 Top Plant.
The Product of the Year program recognizes products newly released in the manufacturing industries.
The Engineering Leaders Under 40 program identifies and gives recognition to young engineers who...
Hannover Messe 2016: Taking hold of the future - Partner Country status spotlights U.S. manufacturing; Honoring manufacturing excellence: The 2015 Product of the Year Winners
Inside IIoT: How technology, strategy can improve your operation; Dry media or web scrubber?; Six steps to design a PM program
World-class manufacturing: A recipe for success: Finding the right mix for a salad dressing line; 2015 Salary Survey: Manufacturing slump dims enthusiasm
Getting to the bottom of subsea repairs: Older pipelines need more attention, and operators need a repair strategy; OTC preview; Offshore production difficult - and crucial
Digital oilfields: Integrated HMI/SCADA systems enable smarter data acquisition; Real-world impact of simulation; Electric actuator technology prospers in production fields
Special report: U.S. natural gas; LNG transport technologies evolve to meet market demand; Understanding new methane regulations; Predictive maintenance for gas pipeline compressors
Warehouse winter comfort: The HTHV solution; Cooling with natural gas; Plastics industry booming
Managing automation upgrades, retrofits; Making technical, business sense; Ensuring network cyber security
Designing generator systems; Using online commissioning tools; Selective coordination best practices

Annual Salary Survey

Before the calendar turned, 2016 already had the makings of a pivotal year for manufacturing, and for the world.

There were the big events for the year, including the United States as Partner Country at Hannover Messe in April and the 2016 International Manufacturing Technology Show in Chicago in September. There's also the matter of the U.S. presidential elections in November, which promise to shape policy in manufacturing for years to come.

But the year started with global economic turmoil, as a slowdown in Chinese manufacturing triggered a worldwide stock hiccup that sent values plummeting. The continued plunge in world oil prices has resulted in a slowdown in exploration and, by extension, the manufacture of exploration equipment.

Read more: 2015 Salary Survey

Maintenance and reliability tips and best practices from the maintenance and reliability coaches at Allied Reliability Group.
The One Voice for Manufacturing blog reports on federal public policy issues impacting the manufacturing sector. One Voice is a joint effort by the National Tooling and Machining...
The Society for Maintenance and Reliability Professionals an organization devoted...
Join this ongoing discussion of machine guarding topics, including solutions assessments, regulatory compliance, gap analysis...
IMS Research, recently acquired by IHS Inc., is a leading independent supplier of market research and consultancy to the global electronics industry.
Maintenance is not optional in manufacturing. It’s a profit center, driving productivity and uptime while reducing overall repair costs.
The Lachance on CMMS blog is about current maintenance topics. Blogger Paul Lachance is president and chief technology officer for Smartware Group.
This article collection contains several articles on the vital role that compressed air plays in manufacturing plants.
This article collection contains several articles on the Industrial Internet of Things (IIoT) and how it is transforming manufacturing.
click me