Opinion
March 5, 1992
Appeal from the Unemployment Insurance Appeal Board.
Claimant, a tool and die maker, was discharged by his employer when he repeatedly refused orders by at least two persons in charge to perform work on another die. After a hearing, an arbitrator found that claimant, who had performed the requested task in the past, had been insubordinate and that there was just cause for his dismissal. The Unemployment Insurance Appeal Board and this court are bound by the arbitrator's factual findings concerning the events which led to claimant's discharge (see, Matter of Guimarales [New York City Bd. of Educ. — Roberts], 68 N.Y.2d 989, 991; Matter of Ranni [Ross], 58 N.Y.2d 715, 717-718). The Board's conclusion that claimant's behavior constituted misconduct, thus disqualifying him from receiving unemployment insurance benefits, is not irrational and must be upheld (see, Matter of Guimarales [New York City Bd. of Educ. — Roberts], supra, at 991-992; Matter of Valentin [American Museum of Natural History — Roberts], 103 A.D.2d 919; Matter of Centineo [Levine], 53 A.D.2d 759).
Weiss, P.J., Mikoll, Mercure, Crew III and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.