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Session Laws, 1939
Volume 581, Page 493   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 493

(b) For the week in which he has been discharged for mis-
conduct 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 wait-
ing period) as determined by the Board in each case accord-
ing 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 return to his customary self-
employment (if any) when so directed by the Board. Such dis-
qualification 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 individual, the Board shall consider the degree of risk in-
volved to his health, safety, and morals, his physical fitness
and prior training, his experience and prior earnings, his
length of unemployment and prospects for securing local work
in his customary occupation, and the distance of the
available work from his residence.

(2) Notwithstanding any other provisions of this Act, no
work shall be deemed suitable and benefits shall not be denied
under this Act 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 unemployment 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 subsection shall not apply if it is shown to the satis-
faction of the Board that—

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


 

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Session Laws, 1939
Volume 581, Page 493   View pdf image (33K)
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