IN RE: the Claim of Jeffrey W. JONES (1999)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 19, 1997, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant, a union member, was discharged from his employment as a railroad token clerk for violating the employer's rules relating to, inter alia, wearing the prescribed uniform on the job.   After claimant was charged with these violations, an arbitration hearing was held wherein claimant was given a full and fair opportunity to litigate the issues.   This hearing resulted in a finding that claimant engaged in misconduct warranting his discharge.   Thereafter, the Unemployment Insurance Appeal Board, inter alia, adopted the findings of the Administrative Law Judge (hereinafter ALJ) and ruled that claimant was disqualified from receiving unemployment insurance benefits because he lost his employment due to misconduct.

We affirm.   Along with noting the binding effect of the factual findings of the arbitrator (see, Matter of Harewood [Commissioner of Labor], 253 A.D.2d 934, 677 N.Y.S.2d 811), the ALJ made further findings, which were adopted by the Board, relating to claimant's failure to wear his uniform in the manner prescribed in the employer's rules.   Inasmuch as the Board's conclusion that claimant engaged in disqualifying misconduct is supported by substantial evidence and has a rational basis in the record, it must be upheld (see, Matter of Acosta [Yale Club of N.Y. City, Commissioner of Labor], 256 A.D.2d 679, 681 N.Y.S.2d 141).   The remaining arguments advanced by claimant have been reviewed and found to be unpersuasive.

ORDERED that the decision is affirmed, without costs.

MEMORANDUM DECISION.