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MTR. OF HEITZENRATER (HOOKER CHEM. CORP.)

19 N.Y.2d 1 (1966)

In the Matter of the Claim of S. Clair Heitzenrater et al., Respondents. Hooker Chemical Corporation, Durez Plastics Division, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent.

Court of Appeals of the State of New York.

Decided December 30, 1966.

Attorney(s) appearing for the Case

Patrick J. Berrigan and Kenneth W. Rickert for appellant.

James B. Atleson, of the Ohio Bar, admitted on motion pro hac vice, and Rachlin & Rachlin for George Hartung, respondent.

Costello, Cooney & Fearon for Associated Industries of New York State, Inc., amicus curiæ.

Chief Judge DESMOND and Judges BURKE, BERGAN and KEATING concur with Judge FULD; Judge SCILEPPI dissents and votes to reverse in an opinion in which Judge VAN VOORHIS concurs.

FULD, J.

The question posed by this appeal, here by our leave, is whether mere participation by employees in a strike in violation of a "no-strike" clause in their collective bargaining agreement with the employer constitutes such misconduct, within the meaning of subdivision 3 of section 593 of the Unemployment Insurance Law (Labor Law, art. 18), as to deprive them of unemployment insurance benefits.

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