Paud
Paud v. Alco Plating Corp.
Opinion
Opinion
Fleming, J.
Alco.Plating Corporation (Alco) appeals a judgment affirming an arbitration award in favor of Rex Paud, individually and in a representative capacity for and on behalf of Metal Polishers, Buffers, Platers and Helpers International Union, Local 67, AFL-CIO (Union). The arbitrator awarded $888.14 for accumulated vacation pay to 11 Aleo union-member employees.
Facts
Union entered into a collective bargaining agreement with Cadmium Nickel Plating, a division of Great Lakes Industries, Inc., (Cadmium) in 1959. The agreement contained provisions for arbitration of disputes and for vacation pay for union members based on total years of “continuous service.” The agreement was to be effective until 30 May 1966.
Cadmium’s business of electroplating metal products was operating unprofitably. On 4 November 1965 Aleo bought the physical assets of Cadmium and assumed Cadmium’s obligations for insurance and truck leases. That day Cadmium terminated its employees, paid them accumulated vacation pay, and told them “if they wanted employment to come back and make application with the new employer.” Alco commenced business at the Cadmium facility on 8 November 1965. It hired all of…