Local Union 9-2521, IWA-CIO, Plywood and Veneer Workers v. Aberdeen Plywood Corp., IWA-CI
| Decision Date | 27 October 1955 |
| Docket Number | No. 33320,IWA-CI,PLYWOOD and VENEER,33320 |
| Citation | 289 P.2d 206,47 Wn.2d 636 |
| Court | Washington Supreme Court |
| Parties | LOCAL UNION 9-2521,WORKERS, an unincorporated association, Respondent, v. ABERDEEN PLYWOOD CORPORATON, a corporation, Appellant. |
McMicken, Rupp & Schweppe, Mary Ellen Krug, Seattle, for appellant.
Houghton, Cluck, Coughlin & Henry, Paul Coughlin, Seattle, for respondent.
In this action, the respondent, a labor union, sought a declaratory judgment construing certain provisions of a collective bargaining agreement. The appeal poses a single question: Under the facts of this case, does the collective bargaining contract between the respondent union and the appellant employer provide for a holiday or for an additional paid vacation day, when the Fourth of July falls within the designated vacation period? The trial court held that the contract provided for an additional paid vacation day. The employer appealed.
The pertinent portions of the contract, which are to be construed, read as follows:
'Article VII. Holidays. * * *
'Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, and New Years Day shall be recognized as paid holidays for qualified employees.
'If the holiday falls on Sunday, the following Monday shall be recognized as the holiday.
'Holiday pay shall be computed at the qualified employee's regular job rate of pay for his regular work schedule for the day so lost but not to exceed eight hours. * * *
'An employee is eligible for holiday pay if he has at least 31-day seniority prior to the holiday and works the last regularly scheduled work day before and the first regularly scheduled work day after the 'paid holiday,' unless his absence (1) is due to occupational injury or occupational illness, or (2) is excused in writing by the Company. * * *
'Article VII-A. Vacations.
'All employees as defined in this agreement shall be granted one week or two weeks vacation with pay, each year beginning with 1941, subject to the following terms and conditions.
'1. To be eligible for one week's vacation the employee must have been in the continuous employ of the company for a period of not less than 39 weeks, prior to June 1st of the year during which the vacation takes place and have seniority intact at the time of his vacation. An employee who has been employed less than one year on June 1 but has worked the required 39 weeks in the preceding 12 months and had seniority intact at the time of his vacation, shall receive one week's vacation with pay.
vacation with pay the employee must have three (3) or more years' seniority on June 1st of the years during which the vacation takes place and have seniority intact at the time of his vacation and shall have met the qualifications for the one week of paid vacation in each succeeding year. * * *
'3. In fixing the vacation period the following steps shall be taken:
written notice thereof, in order that each employee may make vacation plans. * * *
'd. The vacation period shall be between June 1st and November 1st.
'4. The vacation shall be one week of seven consecutive days. In the event the vacation week contains a holiday as defined in Article VII, the vacation week shall be extended one additional day.
'5. The amount of the vacation pay shall be one week of forty hours at the employee's straight time hourly rate in effect on the payday immediately preceding the date fixed as the start of the vacation.
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