Carmine Palmarozzo v. Coca-Cola Bottling Company of New York, Inc.

(dissenting) :

Agreeing that this case is governed by the principles set out in Accardi v. Pennsylvania Railroad Co., 383 U.S. 225, 86 S.Ct. 768, 15 L.Ed.2d 717 (1966), I dissent from the conclusion that Accardi requires us to hold that the severance benefit here at issue is a perquisite of seniority. If it is not that but rather one of the “other benefits offered by the employer relating to employees on furlough or leave of absence in effect with the employer at the time such person was inducted into such forces,” Palma-rozzo must lose, since it is agreed that time on furlough or leave of…