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MATTER OF ROSS v. SPECIALTY INSULATION MFG. CO., INC.

71 A.D.2d 766 (1979)

In the Matter of Philip Ross, as Industrial Commissioner of The Department of Labor of the State of New York, Appellant, v. Specialty Insulation Manufacturing Co., Inc., Respondent

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

July 26, 1979

As noted by the board in its decision, the primary and dispositive issue in applying section 198-c of the Labor Law is whether or not there was any basis for the alleged accrual of vacation benefits. Subdivision 1 of section 198-c of the Labor Law specifically required "an agreement to pay or provide benefits or wage supplements". The present record is devoid of any facts which would tend to establish that vacations were a matter of accrual on the basis of employment. The...

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