Page:United States Statutes at Large Volume 52.djvu/1139

 PUBLIC LAWS--CH. 680 -JUNE 25, 1938 Disqualifying con- ditions. Leaving work vol- untarily without good cause. Misconduct. Failing to accept suitable work without good cause. Called to report but unavailable. Unemployment due to strike in violation of law, etc. 48 Stat. 1185. 45U.S.C.§151. False or fraudulent statements. Receiving similar benefits under desig- nated Acts. 49 Stat. 967; 50 Stat. 307. 46 U. S. C., Supp. III, ch. 9. 49 Stat. 622. 42 U. S. C., Supp. III, §§ 401-410a. Performance of 25 per centum of maxi- mum employment allowable for calendar month in half-month. Performance of 50 per centum of maxi- mum employment allowable for calendar month in month. Strike, etc., dis- qualification not to apply in specified cases. Nonparticipants, etc. Proviso. Payment of dues not deemed financing strike. DISQUALIFYING CONDITIONS SEC. 4 (a) There shall not be considered as a day of unemployment, with respect to any employee- (i) any of the thirty days beginning with the day with respect to which the Board finds that he left work voluntarily without good cause; (ii) any of the forty-five days beginning with the day with respect to which the Board finds that he was discharged or sus- pended for misconduct related to his work; (iii) any of the thirty days beginning with the day with respect to which the Board finds that he failed, without good cause, to accept suitable work available on such day and offered to him; (iv) any of the fifteen days beginning with the day with respect to which the Board finds that he was, with proper notice, called upon to report for suitable work available on such day and was able to work but was not available; (v) subject to the provisions of subsection (b) of this sec- tion, any day with respect to which the Board finds that his unemployment was due to a stoppage of work because of a strike in the establishment, premises, or enterprise at which he was last employed, and the Board finds that such strike was commenced in violation of the provisions of the Railway Labor Act or in violation of the established rules and practices of a bona fide labor organization of which he was a member; (vi) any of the seventy-five days beginning with the first day of any half-month with respect to which the Board finds that he knowingly made or aided in making or caused to be made any false or fraudulent statement or claim for the purpose of causing benefits to be paid; (vii) any day in any period with respect to which the Board finds that he is receiving, has received, or has a right to receive compensation or other wages in lieu of notice, annuity pay- ments, or pensions under the Railroad Retirement Act of 1935 or the Railroad Retirement Act of 1937, or old-age benefits under title II of the Social Security Act or payments for similar purposes under any other Act of Congress; or he is receiving or has received unemployment benefits under an unemployment compensation law of any State or of the United States other than this Act; (viii) any day in any half-month with respect to which the Board finds that he performed at least 25 per centum of the maximum employment allowable to him for a calendar month pursuant to a contract of emploment providing for the deter- mination of his compensation, wholly or partially, on a mileage basis; (ix) any day in any calendar month with respect to which the Board finds that he had prior to such day performed at least 50 per centum of the maximum employment allowable to him during such calendar month pursuant to a contract of employment providing for the determination of his compen- sation, wholly or partially, on a mileage basis. (b) The disqualification provided in section 4 (a) (v) of this Act shall not apply if the Board finds that- (i) the employee is not participating in or financing or directly interested in the strike which causes the stoppage of work: Provided, That payment of regular union dues shall not be construed to constitute financing a strike or direct interest in a strike within the meaning of this and the following para- graphs; and 1098 [52 STAT.

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