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MTR. OF GREEN (REPUBLIC STEEL)

37 N.Y.2d 554 (1975)

In the Matter of the Claim of Richard Green, Respondent. Republic Steel Corporation, Appellant; Louis L. Levine, as Industrial Commissioner, Respondent.

Court of Appeals of the State of New York.

Decided October 23, 1975.

Attorney(s) appearing for the Case

H. Kenneth Schroeder, Jr., for appellant.

Thomas P. McMahon for Richard Green, respondent.

Louis J. Lefkowitz, Attorney-General (Irving Jorrisch, Samuel A. Hirshowitz and Murray Sylvester of counsel), for Louis L. Levine, respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur; Judge COOKE taking no part.

JASEN, J.

Richard Green, who had been employed by Republic Steel Corporation as a bricklayer for nearly nine years, was laid off on January 26, 1973, due to a diminished need for masonry services. At the time of the layoff, Green was a Grade 17 employee and was earning $4.92 per hour. As a member of the United Steelworkers' Union, he was subject to the union's national collective bargaining agreement with Republic...

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