MATTER OF GERLACH


284 A.D. 1081 (1954)

In the Matter of the Claims of Donald A. Gerlach et al., Appellants. Edward Corsi, as Industrial Commissioner, Respondent; Marco Industries, Inc., Respondent

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

December 16, 1954.


All claimants were members of a union which had a contract with the employer covering the period involved. The contract provided that the company might shut down its plant for a two weeks' vacation period providing the company gave the employees thirty days' prior notice of its intention to shut down. Such notice was given with the conditional possibility that some of the employees might be able to work the second week if "management can make satisfactory production arrangements...

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