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. BusbyOpinion
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.