Vassil Marinov v. Review Board of the Department of Workforce Development (mem. dec.)
93A02-1701-EX-125
| Ind. Ct. App. | Oct 26, 2017Background
- Marinov worked full-time for FCA UA LLC in Kokomo and returned to the same job after a two-week plant shutdown in 2016.
- Collective bargaining agreements (2011 and, per testimony, 2015) permitted the employer to designate up to two weeks per year as a vacation shutdown.
- Employer designated the weeks ending July 30 and August 6, 2016 as a two-week Shutdown Period; Marinov did not work or receive pay attributable to that period and had a return-to-work date of August 9, 2016.
- Marinov applied for unemployment benefits; DWD denied benefits for both weeks (one denial also on grounds Marinov’s vacation pay exceeded his weekly benefit).
- An ALJ consolidated the appeals, found the contract allowed the shutdown, found Marinov had reasonable assurance of reemployment, and concluded Ind. Code § 22-4-3-5 barred benefits; the Review Board affirmed.
Issues
| Issue | Marinov's Argument | Review Board/DWD's Argument | Held |
|---|---|---|---|
| Whether Marinov was eligible for unemployment benefits during the two-week shutdown | DWD lacked legal documents proving he was on vacation; paystubs show no vacation pay | The collective bargaining agreement and employer designation created a vacation week; Marinov had reasonable assurance of reemployment so § 22-4-3-5 bars benefits | Marinov ineligible for benefits for the two weeks under Ind. Code § 22-4-3-5 |
Key Cases Cited
- Recker v. Review Bd. of Ind. Dep’t of Workforce Dev., 958 N.E.2d 1136 (Ind. 2011) (standard of appellate review for Board findings)
- Broxton v. Rev. Bd. of Ind. Dep’t of Workforce Dev., 999 N.E.2d 1069 (Ind. Ct. App. 2013) (affirming § 22-4-3-5 application where employer’s regular vacation practice created unpaid vacation weeks)
- D.B. v. Rev. Bd. of Ind. Dep’t of Workforce Dev., 2 N.E.3d 705 (Ind. Ct. App. 2014) (applying § 22-4-3-5 to employees with seasonal/school-related shutdowns)
- Ind. State Univ. v. LaFief, 888 N.E.2d 184 (Ind. 2008) (pre-§ 22-4-3-5 principle that employees subject to contractual mandatory shutdowns with rehire assurance are ineligible)
- Evans v. State, 809 N.E.2d 338 (Ind. Ct. App. 2004) (pro se litigants held to same procedural standards as counsel)