Matter of Fiol (Calmar Ss Corp.-Corsi)

The referee and the Appeal Board found justification for the claimant’s relinquishment of his job in the union’s sixty-day rule. But the mere fact of the existence of such a union rule did not warrant the conclusion that claimant was excused from continuing his employment. The referee and the Appeal Board had to go further and determine whether, under all the facts of the case, the claimant was justified in complying with the union regulation. Such an inquiry would involve a decision as to the reasonableness of the regulation in question — whether, in other words, the nature of the industry,…