MATTER OF JUNCAJ


23 A.D.3d 777 (2005)

803 N.Y.S.2d 768

In the Matter of the Claim of LES JUNCAJ, Appellant. COMMISSIONER OF LABOR, Respondent.

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

November 10, 2005.


Mercure, J.

Claimant, a unionized employee, worked as a general helper performing maintenance on a fleet of delivery trucks for his employer, a baked goods company. His union called for a strike in response to the employer's plan to downsize its operations. Claimant participated in the strike and, although he expected to be laid off, was retained at the conclusion of the strike.

Nevertheless, claimant applied for and received unemployment insurance benefits...

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