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Appeals court favors Brunswick in vacation ruling

The Minnesota Court of Appeals this week ruled that plaintiffs in a class-action lawsuit against Lund Boat Co. were not damaged in any way by a change in vacation policy after the company was sold by Genmar to Brunswick in 2004.

The suit was brought by 19 employees, representing more than 200 former and current workers, who claimed they were denied earned vacation time as policies were revised.

Last year, a Seventh Judicial District Court judge recently ruled in favor of Brunswick Corp. and New York Mills, Minn.-based Lund Boats in the suit.

The court of appeals found that "because the employee handbook included a provision that precluded the formation of an employee contract, the district court erred in finding that a unilateral employment contract existed. Because there was no employment contract, there was no breach and no resulting damages."

"We are pleased with the appellate court opinion which confirmed the earlier trial court ruling in our favor. We work hard to honor commitments to our employees and treat them fairly," Brunswick spokesman Dan Kubera said in an e-mail to Soundings Trade Only.

An attorney for the plaintiffs could not immediately be reached for comment.



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