MATTER OF RAKOWSKI (CORSI)


276 A.D. 625 (1950)

In the Matter of the Claims of Mary Rakowski et al., Respondents Mohawk Carpet Mills, Inc., Appellant; Edward Corsi, as Industrial Commissioner, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 3, 1950.


Attorney(s) appearing for the Case

Coleman Taylor for appellant.

Harry Pozefsky for claimants-respondents.

Nathaniel L. Goldstein, Attorney-General for the Industrial Commissioner, respondent.

HEFFERNAN, BREWSTER and COON, JJ., concur; FOSTER, P. J., taking no part.


BERGAN, J.

Under its contract with a labor union which is the exclusive bargaining agency for all employees, the employer provided a vacation period with pay. The claimants had not been employed long enough to be entitled to this benefit. The union asked for a time for a general vacation which resulted in the closing of the plant.

The question on this appeal is whether the employees not paid for the vacation...

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