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Session Laws, 1941
Volume 582, Page 615   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 615

period) as determined by the Board according to the circum-
stances in each case.

(1) In determining whether or not any work is suitable
for an individual, 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 earn-
ings, 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 substan-
tially 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, pro-
vided 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, immediately before the commencement of the stop-
page, 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; provided,
that if in any case separate branches of work which are
commonly conducted as separate businesses in separate
premises are conducted in separate departments of the same
premises, each such department shall, for the purposes of
this sub-section, be deemed to be a separate factory, estab-
lishment, or other premises.

(e) For any week with respect to which he is receiving or
has received remuneration in the form of—

(1) Wages in lieu of notice;

(2) Compensation, except for permanent partial disability,
under the Workmen's Compensation Law of any State or
under a similar law of the United States; or

 

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Session Laws, 1941
Volume 582, Page 615   View pdf image (33K)   << PREVIOUS  NEXT >>


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