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OGLEBAY NORTON CO. v. INDUSTRIAL COMM.

15 Wis.2d 396 (1962)

OGLEBAY NORTON COMPANY, Appellant, v. INDUSTRIAL COMMISSION and others, Respondents.

Supreme Court of Wisconsin.

January 15, 1962.

Attorney(s) appearing for the Case

For the appellant there was a brief by Richard H. Hastings of Duluth, Minnesota, attorney, and Hughes, Anderson & Davis of Superior of counsel, and oral argument by Mr. Hastings.

For the respondent Industrial Commission there was a brief and oral argument by Arnold J. Spencer, chief counsel of the unemployment compensation division.

FAIRCHILD, J.

Sec. 108.05 (4), Stats., prescribes certain conditions which an employer must fulfil before vacation pay may be treated as wages for a particular week. In the case before us the employer met the statutory conditions. The question presented is whether the contract prevented the employer from allocating the vacation pay to weeks 47 and 48. The statute does not give an employer a right to allocate vacation pay to a period he desires if a contract requires...

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