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MATTER OF GIANDOMENICO

77 A.D.2d 294 (1980)

In the Matter of the Claim of Eugene Giandomenico, Respondent. Meadow Gold Products Corporation, Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

November 26, 1980

Attorney(s) appearing for the Case

Solomon & Rosenbaum, Dreschler & Leff (Michael F. McGahn of counsel), for appellant.

Gary J. Grayson for Eugene Giandomenico, respondent.

SWEENEY, J. P., KANE and CASEY, JJ., concur with MAIN, J.; HERLIHY, J., dissents and votes to reverse in a separate opinion.

MAIN, J.

The claimant was employed by Meadow Gold Products Corp. (Meadow), a distributor of ice cream products in metropolitan New York, as a route driver. All of the route drivers, including the claimant and most all of the other employees, were members of Local 757 of the International Brotherhood of Teamsters (Union). Meadow, in order to further its objective of hiring steady and reliable drivers available...

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