In re the Claim of Rimko

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 14, 1996, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant, a member of the Transport Workers Union, was employed as a maintenance worker by the New York City Transit Authority until his employment was terminated due to insubordination. The record discloses that claimant had refused to paint an office unless an air purifying respirator was provided. After a respirator was purchased specifically for claimant…