UNEMPLOYMENT COMPENSATION 3523

Disqualification For Benefits.
1936 (Dec. Sp. Sess.), ch. 1, sec. 5. 1939, ch. 278, sec. 5.

5. (An Individual Shall be Disqualified for Benefits.)

(a) For the week in which he has left work voluntarily without good
cause, if so found by the Board, and for not less than the one or more
than the five weeks which immediately follow such week (in addition to
the waiting period), as determined by the Board according to the circum-
stances in each case.

(b) For the week in which he has been discharged for misconduct
connected with his work, if so found by the Board, and for not less than
the one nor more than the nine weeks which immediately follow such week
(in addition to the waiting period) as determined by the Board in each
case according to the seriousness of the misconduct.

(c) If the Board finds that he has failed, without good cause, either to
apply for available, suitable work when so directed by the Employment
Office or the Board or to accept suitable work when offered him, or to re-
turn to his customary self-employment (if any) when so directed by the
Board. Such disqualification shall continue for the week in which such
failure occurred and for not less than the one nor more than the five weeks
which immediately follow such week (in addition to the waiting period)
as determined by the Board according to the circumstances in each case.

(1) In determining whether or not any work is suitable for an indi-
vidual, the Board shall consider the degree of risk involved to his health,
safety, and morals, his physical fitness and prior training, his experience
and prior earnings, his length of unemployment and prospects for secur-
ing local work in his customary occupation, and the distance of the avail-
able work from his residence.

(2) Notwithstanding any other provisions of this Article, no work
shall be deemed suitable and benefits shall not be denied under this Article
to any otherwise eligible individual for refusing to accept new work under
any of the following conditions:

(a) If the position offered is vacant due directly to a strike, lockout,
or other labor dispute; (b) if the wages, hours, or other conditions of
the work offered are substantially less favorable to the individual than
those prevailing for similar work in the locality; (c) if as a condition of
being employed the individual would be required to join a company union
or to resign from or refrain from joining any bona-fide labor organization.

(d) For any week with respect to which the Board finds that his un-
employment is due to a stoppage of work which exists because of a labor
dispute at the factory, establishment, or other premises at which he is or
was last employed, provided that this sub-section shall not apply if it is
shown to the satisfaction of the Board that—

(1) He is not participating in or financing or directly interested in
the labor dispute which caused the stoppage of work; and

(2) He does not belong to a grade or class of workers of which, im-
mediately before the commencement of the stoppage, there were members
employed at the premises at which the stoppage occurs, any of whom are
participating in or financing or directly interested in the dispute; Pro-
vided, That if in any case separate branches of work which are com-
monly conducted as separate businesses in separate premises are conducted
in separate departments of the same premises, each such department shall,
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