Chrysler Corp. v. Washington

V. J. Brennan, J.

(concurring in part; dissenting in part). Plaintiff, Chrysler Corporation, appeals a judgment of the circuit court ordering payment of "back-to-work” benefits to the six individual defendants. I would reverse as to defendants Washington and Greer and affirm as to defendants Clark, Turonek, Preston Williams, and John Williams.

For the reasons stated in General Motors Corp v Erves, 47 Mich App 591; 209 NW2d 713 (1973), I do not agree that MCLA 421.27(c)(2); MSA 17.529(c)(2) requires, for its application, a "period of unemployment”, as defined in MCLA 421.48; MSA 17.552, for more than three weeks. What is required is that there be a "period of unemployment” which commenced with a layoff that continued for more than three weeks. A layoff period of more than three weeks is required, not a "period of unemployment” of more than three weeks.

In determining the duration of a layoff period the primary focus of our inquiry is on the time when the impact of a layoff becomes felt by a worker and when it is lifted. This impact is determined, in the context of back-to-work benefits, by referring to the dates upon which the worker realizes a loss in his wages. General Motors Corp v Erves, supra.

In the case at bar defendants Washington and Greer, like defendant Erves in General Motors Corp v Erves, supra, received their layoff notices at the end of the workday on Friday, July 5, 1968. The layoff period, as determined by the dates that a wage loss was suffered by these defendants, can only be said to have begun on the Monday following receipt of the notices. Since these two defendants were back to work on Monday, July 29, 1968, *241the period of their layoff was not in excess of three weeks. Accordingly, the circuit court erred in awarding back-to-work benefits to these two defendants.

Defendants Clark, Turonek, and Preston Williams received their layoff notices on Wednesday, July 3, 1968, and received eight hours holiday pay for July 4, 1968. They did not return to work until Monday, July 29, 1968. Defendant John Williams received his layoff notice on Thursday, July 11, 1968, and returned to work on Monday, August 5, 1968. Plaintiff contends that these defendants were not scheduled to work on the Fridays following the receipt of their respective notices. It appears from the record, however, that with respect to each of these defendants their normal workweek was Monday through Friday and that the reason they were not scheduled to work on the Friday following receipt of their notices was directly related to their layoff. These defendants "felt the impact” of their layoff on the Friday following receipt of their notices. The duration of their layoff period was, therefore, in excess of three weeks and they are entitled to receive back-to-work benefits.