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MATTER OF BUCKLEY

31 N.Y.2d 950 (1972)

In the Matter of the Claim of William Buckley, Appellant. Bethlehem Steel Corporation, Respondent; Martin P. Catherwood, as Industrial Commissioner, Appellant.

Court of Appeals of the State of New York.

Decided December 29, 1972.

Attorney(s) appearing for the Case

Richard Lipsitz and Lawrence A. Schulz for William Buckley, appellant.

Louis J. Lefkowitz, Attorney-General (Irving Jorrisch, Samuel A. Hirshowitz and Murray Sylvester of counsel), for Martin P. Catherwood, appellant.

Francis V. Cole, John F. Donovan and Heino H. Prehl for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, JASEN and GIBSON concur in memorandum; Judge BREITEL taking no part.

Memorandum.

There was substantial evidence supportive of the board's findings of (1) the nonstriking employees' fears of personal injury, and (2) of disciplinary action being taken against them by their union (National Labor Relations Bd. v. Allis-Chalmers Mfg. Co., 388 U.S. 175) should they cross the picket lines. That apprehension of bodily injury may constitute "good cause" (Labor...

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