IN THE MATTER OF REARDON


16 A.D.3d 859 (2005)

790 N.Y.S.2d 782

In the Matter of the Claim of ANTHONY J. REARDON, Appellant. COMMISSIONER OF LABOR, Respondent.

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

March 17, 2005.


Claimant, a unionized employee, worked as a route salesperson for a baking goods company. As a result of the company's plan to downsize its operations and to eliminate 30 jobs, the union called a strike in February 2003 that lasted eight weeks. Claimant participated in the strike, fearing that his job would be eliminated due to his low seniority. Prior to the conclusion of the strike, however, the company offered a severance package to certain employees which resulted in...

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