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MATTER OF ROSAS

84 A.D.2d 881 (1981)

In the Matter of the Claim of Manuel Rosas, Respondent. Red Wing Company, Inc., Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

November 19, 1981

Claimant, a laborer, was discharged for intoxication on the employer's premises during working hours. He entered an alcoholic treatment program, and negotiations between the union representing claimant and the employer resulted in an offer of re-employment for claimant upon his successful completion and discharge from the program. When the employer learned of claimant's discharge from the program, it notified the union that the...

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