In re the Claim of Malaspina

The Industrial Commissioner brings here for review a determination of the Unemployment Insurance Appeal Board which holds that claimant is entitled to unemployment benefits. The question is whether claimant was separated from his employment by his own choice. He is not entitled to benefits under the statute if he “ leaves his employment voluntarily ” and “ without good cause ” (Unemployment Insurance Law [Labor Law, art. 18], § 593, subd. 1, par. [c]).

*565The underlying question is whether a man who fails to keep up his union membership and for this reason alone loses his job in a union shop is…