MATTER OF MONROE


270 A.D.2d 558 (2000)

703 N.Y.S.2d 582

In the Matter of the Claim of ROGER H. MONROE, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided March 2, 2000.


The record demonstrates that claimant, a truck driver, was offered his choice of three delivery assignments. Claimant advised the employer that he did not wish to accept any of the offered assignments because he would not have enough time to attend a co-worker's grievance hearing, even though claimant's presence had not been requested by either the employer or the union. Although willing to accept a shorter assignment, claimant was informed that the shorter trip had already...

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