Page:United States Statutes at Large Volume 57 Part 1.djvu/128

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57 STAT.] 78TH CONG. , 1ST SESS.-CH. 117-JUNE 4, 1943 "(b) An individual who has been discharged for misconduct occur- Misconduct. ring in the course of his most recent work, proved to the satisfaction of the Board, shall not be eligible for benefits with respect to the week in which such discharge occurred nor with respect to such addi- tional number of consecutive weeks of unemployment immediately following (not less than one nor more than four) as the Board may determine, under regulations prescribed by it, in proportion to the degree of such misconduct. "(c) If an individual otherwise eligible for benefits fails, with- Failuretoapplyfor out good cause as determined by the Board under regulations pre- scribed by it either to apply for new work found by the Board to be suitable when notified by any employment office, or to accept any such work when offered to him, he shall not be eligible for benefits with respect to the week in which such failure occurred nor with respect to the three weeks of continuous unemployment immediately following. In determining whether or not work is suitable within Suitability of work. the meaning of this subsection the Board shall consider (1) the phys- ical fitness and prior training and experience of the individual, (2) the distance of the place of work from the individual's place of resi- dence, and (3) the risk involved as to health, safety, or morals. "(d) Benefits shall not be denied to any otherwise eligible indi- spneconitionser vidual for refusing to accept new work under any of the following conditions: (1) If the position offered is vacant due directly to a strike, lock-out, or other labor dispute; (2) if the wages, earnings, hours, or other conditions of the work offered are less favorable to the individual than those prevailing for similar work in the locality; (3) 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. "(e) If an individual under twenty-one years of age otherwise Fcatio nI tours 1 end eligible for benefits fails, without good cause as determined by the Board under regulations prescribed by it, to attend courses at a voca- tional or other school when recommended by the manager of the employment office or by the Board and such courses are available at public expense, he shall not be eligible for benefits with respect to any week in which such failure occurred. "(f) An individual shall not be eligible for benefits with respect to Uneoymdispnt ue any week if it has been found by the Board that such individual is unemployed in such week as a direct result of a labor dispute, such as a strike, lock-out, or jurisdictional labor dispute still in active progress in the establishment where he is or was last employed: Provided, That this subsection shall not apply if it is shown to the Nonappllcability. satisfaction of the Board that- "(1) he is not participating in or directly interested in the labor dispute which caused his unemployment; and "(2) he does not belong to a grade or class of workers of which, immediately before the commencement of the dispute, there were members employed at the premises at which the dispute occurs, any of whom are participating in 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 subsection, be deemed to be a separate factory, establishment, or other premises. "(g) An individual shall not be eligible for benefits for any week Compensatio from with respect to which he has received or is seeking unemployment etc. compensation under any other unemployment compensation law of