Legal Opinion

In re the Claim of Buckley

New York Court of Appeals

Decided December 29, 1972PublishedCited by 3 opinions

1Opinion of the Court

Memorandum. There was substantial evidence supportive of the board’s findings of (1) the nonstriking employees’ fears of personal injury, and (2) of disciplinary action being taken against them by their union (National Labor Relations Bd. v. Allis-Chalmers Mfg. Co., 388 U. S. 175) should they cross the picket lines. That apprehension of bodily injury may constitute “ good cause ” (Labor Law, § 593, subd. 1, par. [a]) is scarcely debatable; and that claimants were not required to jeopardize their union standing is also clear (see Labor Law, § 593, subd. 2, par. [a]).

The order appealed from…

2Cases cited1 opinion

  1. National Labor Relations Board v. Allis-Chalmers Manufacturing Co.Supreme Court of the United States · 1967

3Cited by3 opinions

  1. Stevinson v. Labor & Industrial Relations CommissionMissouri Court of Appeals · 1983
  2. Matter of Derfert (Commissioner of Labor)Appellate Division of the Supreme Court of the State of New York · 2017
  3. In re the Claim of AlexanderAppellate Division of the Supreme Court of the State of New York · 1977

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