Originally Posted by
dera
The success of the claim depends on your CBA. A CBA can restrict vacation/sick bank payouts, and if the contract doesn't have any provisions for furloughs/airline shutdown, then you might be SOL.
All depends on what your contract says about it.
“Examining the meaning of the collective-bargaining-agreement exception for the first time, the California Court of Appeal has ruled that an employer is liable for unpaid pro rata vacation where its agreement with the union did not “clearly and unmistakably waive” the employees’ rights under Section 227.3.” Choate v. Celite Corp., No. B239160 (Cal. Ct. App. May 2, 2013).
“Notwithstanding the parties’ understanding of their contractual language and decades-long practice, the appellate court found the CBAs did not clearly and unmistakably waive the right to pro rata vacation pay. The CBAs did not discuss pro rata vacation pay or “cite section 227.3,” the Court said. In addition, it found the reference to the vacation allotment was insufficient to constitute a waiver.”
Bottom line? Take your CBA and consult with a licensed professional, not someone on an APC forum...and now I’m off to the lawyer forum to get some advice on how to handle an engine fire at V1.