From Casetext: Smarter Legal Research

Matter of McCoy v. Remington Rand, Inc.

Appellate Division of the Supreme Court of New York, Third Department
May 7, 1941
262 App. Div. 790 (N.Y. App. Div. 1941)

Summary

In McCoy v. Remington Rand, Inc., 262 App. Div. 790, 27 N.Y.S.2d 298, and Tonra v. Robins Dry Dock and Repair Company, 283 N.Y. 676, 28 N.E.2d 402, it was held moneys paid pursuant to an order of the National Labor Relations Board directing reinstatement of an employee with back pay constituted remuneration and wages under the meaning of the unemployment insurance law of that state.

Summary of this case from Texas Employment Comm v. Busby

Opinion

May 7, 1941.

Appeal from Unemployment Insurance Appeal Board.


The sole question involved is whether moneys paid, pursuant to an order of the National Labor Relations Board directing reinstatement of an employee with back pay, constitute remuneration and wages within the meaning of the Unemployment Insurance Law (Labor Law, §§ 500-539). It has been so held. ( Matter of Tonra, 258 App. Div. 835; affd., 283 N.Y. 676.) We think the distinction sought to be made on the basis that in the Tonra case the moneys were paid pursuant to stipulation instead of by order, as in the present case, is without merit. Decision of the Unemployment Insurance Appeal Board unanimously affirmed, with costs to the Industrial Commissioner. Hill, P.J., Crapser, Heffernan, Schenck and Foster, JJ., concur.


Summaries of

Matter of McCoy v. Remington Rand, Inc.

Appellate Division of the Supreme Court of New York, Third Department
May 7, 1941
262 App. Div. 790 (N.Y. App. Div. 1941)

In McCoy v. Remington Rand, Inc., 262 App. Div. 790, 27 N.Y.S.2d 298, and Tonra v. Robins Dry Dock and Repair Company, 283 N.Y. 676, 28 N.E.2d 402, it was held moneys paid pursuant to an order of the National Labor Relations Board directing reinstatement of an employee with back pay constituted remuneration and wages under the meaning of the unemployment insurance law of that state.

Summary of this case from Texas Employment Comm v. Busby
Case details for

Matter of McCoy v. Remington Rand, Inc.

Case Details

Full title:In the Matter of the Claim for Benefits under Article 18 of the Labor Law…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 7, 1941

Citations

262 App. Div. 790 (N.Y. App. Div. 1941)

Citing Cases

Texas Employment Comm v. Busby

The Court, after quoting the material provisions of Article 5221b — 17(l)(n), held the sums so received by…

Matter of Talkov

Claimant contends that the settlement was in satisfaction of the charges and should not be considered back…