Kreidler v. Bic Pen Corp.
Kreidler v. Bic Pen Corp.
Opinion of the Court
These consolidated appeals, which involve identical issues, were taken to this court by the named defendant, the plaintiffs’ employer, and by its workers’ compensation insurer, from the combined decision of the compensation review division reversing the workers’ compensation commissioner’s dismissal of the plaintiffs’ claims for wage benefits. The defendants claim that the review division erred in its finding and award determining that payment to the plaintiffs of “full wages for the entire day of the [compensable] injury” (emphasis added) under General Statutes § 31-295 (b)
Claiming that they were “entitled to full wages for the entire day of the injury” under § 31-295 (b), each plaintiff claimed payment at time and one-half for the “overtime hours” worked before his occupational injury, pursuant to the terms of the collective bargaining agreement then in effect, in addition to full wages for his normal shift of eight hours at regular pay. Specifically, Kreidler sought four hours at the overtime rate and Birdsell sought two hours at this rate.
The plaintiffs thereafter appealed from the dismissal of their claims to the compensation review division, claiming that “[t]he commissioner erred in failing to review the union management contract and not finding the law to supersede any contract between the parties.” The review division reversed the decision of the commissioner, concluding that, pursuant to § 31-295 (b), full wages for the day of injury in each case “included remuneration for eight hours at regular pay and four hours at time and a half.”
The defendants maintain that the plaintiffs’ statutory right in issue here is controlled by the collective bargaining agreement entered into between the defendant Bic Pen Corporation and Local No. 134, United Rubber, Cork, Linoleum and Plastic Workers of America, in December, 1978. The relevant terms of this agreement are: “Article IV. Hours of Work (a) Forty hours of work per week will constitute a normal work week, (b) A normal work week will consist of five days from Monday to Friday, inclusive, starting at 7:00 AM — 1st Shift; 3:00 PM-2nd Shift; 11:00 PM-3rd Shift. . . . (g) All work performed in excess of eight hours in a single day will be paid for at time and one-half. . . . Article V. Wages . . . (b) An employee will be paid average earnings . . . for the remainder of an eight hour day when injured and unable to continue working.” (Emphasis added.)
The defendants contend that the claims of the plaintiffs are controlled exclusively by the provision in article V (b) of the collective bargaining agreement that “[a]n employee will be paid average earnings ... for the remainder of an eight hour day when injured and unable to continue working.” (Emphasis added.) They
As contended by the plaintiffs, the language of § 31-295 (b) is controlling. Our statutes cannot be preempted by a collective bargaining agreement or any contract between parties. There is a presumption that parties contract in the light of existing statutes. State College AAUP v. State Board of Labor Relations, 197 Conn. 91, 98, 495 A.2d 1069 (1985). Statutes existing at the time a contract is made become a part of it and must be read into it just as if an express provision to that effect were inserted therein, except where the contract discloses a contrary intention. Id. Therefore, the terms of statutes must necessarily prevail over inconsistent provisions in collective bargaining agreements. Id., 99.
“ ‘Wages’ means compensation for labor or services rendered by an employee, whether the amount is deter
The plaintiffs were correct in their original compensation claims. Under § 31-295 (b) of the Workers’ Compensation Act, Kreidler is “entitled to full wages for the entire day of the injury” consisting of payment for the four hours of overtime he had already worked, as well as for the following eight hours of his regular shift, during which his injury occurred. Pursuant to the pro
In Appeal No. 5902, there is no error. In Appeal No. 5918, there is error in part, the finding and award of the compensation review division is set aside and the case is remanded with direction to adjust Birdsell’s award by deducting therefrom two hours of overtime pay in accordance with this opinion.
In this opinion the other judges concurred.
General Statutes § 31-295 (b) of the Workers’ Compensation Act provides: “The injured employee shall be entitled to full wages for the entire day of the injury and said day shall not be counted as a day of incapacity.”
General Statutes (Rev. to 1981) § 31-313 (b) provides: “The commissioner shall, after making due inquiry, upon the request of an employee claiming to be unable to perform his customary or most recent work because of physical incapacity resulting from an injury or disease, require that the injured worker be removed from work detrimental to his health or which cannot be performed by a person so disabled and be assigned to other suitable full-time work in the employer’s establishment, if available; provided the exercise of this authority shall not conflict with any provision of a collective bargaining agreement between such employer and a labor organization which is the collective bargaining representative of the unit of which the injured worker is a part. ” (Emphasis added.)
At the commencement of the compensation hearing held on September 28, 1982, before the commissioner, the plaintiffs’ counsel defined their respective claims:
“In the case of Birdsell, he worked two hours before his regular shift began.
“In the case of Mr. Kreidler, he worked four hours before his shift began. Therefore, we are contending that Mr. Birdsell is entitled to ten hours under the statutes for the entire day’s pay; and Mr. Kreidler be paid for twelve hours his entire day of pay. Now, both which will require the employer to pay some over-time.
“In Mr. Kreidler’s case four hours of over-time; and Mr. Birdsell’s case two hours of over-time.”
The compensation review division reached its conclusion for these reasons: (1) “The ‘full wages’ provision of Sec. 31-295 (b) dates back at least sixty years to Sec. 8 of the 1917 statute”; (2) neither the 1938 United States Pair Labor Standards Act nor the state minimum wage law had yet been enacted; (3) “full wages for the entire day of the injury,” therefore, did not mean wages for an eight hour day as recited in the collective bargaining agreement; (4) the employees and the employer had agreed, and so scheduled, that the day of injury was to be a twelve hour work day and that the overtime hours were to be paid at time and one-half; (5) that a rate of one and one-half times the regular rate of pay for overtime hours is a matter of now universally recognized federal and state laws outside the labor contract; and consequently, (6) “[t]here was no need for the commissioner to apply the contract. All he had to do was accept the agreement that [the day of injury] was to be a twelve hour day and the wage and hour law which prescribes that overtime hours are to be remunerated at time and one-half.”
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