In re the Claim of Padilla

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 23, 1992, which ruled that claimant was entitled to receive unemployment insurance benefits.

Claimant was employed by Pepsi Cola Bottling Company of New York, Inc. as a warehouse checker. On September 4, 1991, claimant, his supervisor and several other co-workers took a break during which they drank beer on the sidewalk in front of Pepsi’s warehouse. Following an arbitration hearing, the arbitrator found that claimant "drank an alcoholic beverage during working hours on the Company’s premises in *769violation of a…