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MATTER OF GARCIA

104 A.D.2d 675 (1984)

In the Matter of the Claim of Alejandro Garcia, Respondent. Haller Plastics Corporation, Appellant. Lillian Roberts, as Commissioner of Labor, Respondent

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

September 13, 1984

Claimant was employed as a floor boy and charged with the duty of relieving machine operators during union mandated breaks. On June 7, 1982, claimant was directed to relieve four machine operators. He relieved one operator, but refused to relieve the other three on the ground that he was being required to perform double duty. He was discharged.

As a union member, this termination of employment was the subject of arbitration...

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