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CUTLER-HAMMER, INC., v. INDUSTRIAL COMM.

13 Wis.2d 618 (1961)

CUTLER-HAMMER, INC., Respondent, v. INDUSTRIAL COMMISSION and others, Appellants. [Two cases.]

Supreme Court of Wisconsin.

June 6, 1961.

Attorney(s) appearing for the Case

For the appellants Fischer and Przybylski there was a brief by Robert E. Gratz, attorney, and Daniel L. Shneidman of counsel, both of Milwaukee, and oral argument by Mr. Gratz.

For the appellant Industrial Commission the cause was submitted on the brief of Arnold J. Spencer, chief counsel of the unemployment compensation division, and Ralph E. Kline of Madison.

For the respondent there was a brief by Michael, Spohn, Best & Friedrich, attorneys, and Thomas S. Stone, Joseph R. Filachek, and James C. Mallatt of counsel, all of Milwaukee, and oral argument by Mr. Stone and Mr. Filachek.

CURRIE, J.

In the instant cases no question is raised by the employer or employees as to whether the vacation payments received by the employees were "wages" under sec. 108.05 (4) (b), Stats., which is the applicable statute. The employees concededly received sufficient vacation payments to exceed their applicable weekly benefit rates if the employer's allocation to the weeks immediately after their layoffs in March, 1958, was permitted by the collective-bargaining...

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