MATTER OF MARCUS


278 A.D. 1037 (1951)

In the Matter of the Claim of William Marcus, Respondent. Edward Corsi, as Industrial Commissioner, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

September 19, 1951.


Claimant was a taxicab driver and, together with some others, was employed as an extra man. He worked on a daily "shape-up" basis. Whether he would be given a cab on a particular day was dependent upon how many regular drivers did not report for work and upon the number of extra men who might also be seeking work for that day. He became dissatisfied with that arrangement and asked for a position as a regular driver. This request was refused and thereupon he refused to continue...

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