Outboard Marine Corp.

54 Lab. Arb. Rep. 112 (1969)

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Outboard Marine Corp.

Labor Arbitration
54 Lab. Arb. Rep. 112 (1969)

Facts

Leroy DeJaynes (plaintiff) was an employee of the Outboard Marine Corporation (Outboard) (defendant). For years, DeJaynes volunteered during the holidays as a Santa Claus in a nearby town after his shift at Outboard. On December 23, 1968, DeJaynes requested to leave half an hour early to travel to an event. DeJaynes offered to work over lunch to make up the time he would miss. DeJaynes’s supervisor declined the offer to work during lunch but allowed DeJaynes to leave early. DeJaynes then did not work on December 24 or 25, which were holidays, and also missed December 26 due to an illness. Under a labor agreement between Outboard and a union, employees received holiday pay so long as they worked full days immediately before and after a holiday. Employees on sick leave, however, needed to work only the day before or the day after the holiday. Under another provision, a full workday was defined as eight hours. Because DeJaynes worked only seven and a half hours on December 23 and did not work at all on December 26 (the days immediately before and after the holiday), Outboard did not pay DeJaynes any holiday pay for December 24 and 25. DeJaynes filed a grievance seeking reimbursement for all losses.

Rule of Law

Issue

Holding and Reasoning (Kesselman, Arbitrator)

Dissent (Sprowl, A.)

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