Director, Department of Industrial Relations v. Alabama By-Products, Inc.

HOLMES, Judge.

This is an unemployment compensation case.

The Board of Appeals granted claimant unemployment compensation benefits and the employer appealed. The Circuit Court of Jefferson County, Bessemer Division, determined that claimant was ineligible and the Department appeals.

The dispositive issue on appeal is whether the trial court erred in determining that a claimant on vacation with partial pay, pursuant to a union contract, is ineligible for benefits. We hold that it did and reverse.

The record reveals the following: Claimant was employed with Alabama By-Products as a union coal miner…