Page:United States Statutes at Large Volume 52.djvu/1140

 52 STAT.] 75TU CONG., 3u SESS.-CH. 680-JUNE 25, 1938 (ii) he does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed in the establishment, premises, or enter- prise at which the stoppage occurs, any of whom are partici- pating in or financing or directly interested in the dispute: Provided, That if separate types of work are commonly con- ducted in separate departments of a single enterprise, each such department shall, for the purposes of this subsection, be deemed to be a separate establishment, enterprise, or other premises. (c) No work shall be deemed suitable for the purposes of section 4 (a) (iii) or 4 (a) (iv) of this Act, and benefits shall not be denied under this Act to any otherwise qualified employee for refusing to accept work if- (i) the position offered is vacant due directly to a strike, lock- out, or other labor dispute; (ii) the remuneration, hours, or other conditions of work offered are substantially less favorable to the employee than those prevailing for similar work in the locality, or the rate of remuneration is less than the union wage rate, if any, for similar work in the locality; (iii) as a condition of being employed he would be required to join a company union or to resign from or refrain from join- ing any bona fide labor organization; (iv) acceptance of the work would require him to engage in activities in violation of law or which, by reason of their being in violation of reasonable requirements of the constitution, bylaws, or similar regulations of a bona fide labor organization of which he is a member, would subject him to expulsion from such labor organization; or (v) acceptance of the work would subject him to loss of substantial seniority rights under any collective bargaining agreement between a railway labor organization, organized in accordance with the provisions of the Railway Labor Act, and any other employer. (d) In determining, within the limitations of section 4 (c) of this Act, whether or not any work is suitable for an employee for the purposes of sections 4 (a) (iii) and 4 (a) (iv) of this Act, the Board shall consider, in addition to such other factors as it deems relevant, (i) the current practices recognized by management and labor with respect to such work; (ii) the degree of risk involved to such employee's health, safety, and morals; (iii) his physical fitness and prior training; (iv) his experience and prior earnings; (v) his length of unemployment and prospects for securing work in his customary occupation; and (vi) the distance of the available work from his residence and from his most recent work. (e) For the purposes of section 4 (a) (i) of this Act, no voluntary leaving of work shall be deemed to have been without good cause if the Board finds that such work would not have been suitable for the purposes of sections 4 (a) (iii) and 4 (a) (iv) of this Act. CLAIMS FOR BENEFITS SEC. 5. (a) Claims for benefits and appeals from determinations with respect thereto shall be made in accordance with such regula- tions as the Board shall prescribe. Each employer shall post and maintain,, in places readily accessible to employees in his service, such printed statements concerning such regulations as the Board supplies to him for such purpose, and shall keep available to his employees copies of such printed statements. Such printed state- ments shall be supplied by the Board to each employer without cost to him. Person does not belong to class, any of whom are partici- pants, etc. Proviso. Enterprise conduct- ing separate types of work. When work offered deemed not suitable. Ante, p. 1098. Position offered is vacant because of labor dispute. Unfavorable labor conditions. Labor organization membership. Acceptance would involve law violation, etc. Loss of substantial seniority rights, etc. Additional factors to be considered. Current recognized practices with respect to such work. Degree of risk In- volved. Physical fitness and training, experience and prior earnings. Length of unem- ployment, etc. Distance of avail- able work. Voluntary leaving of work defined. Ante, p. 1098. Claims for benefits and appeals from de- terminations; regula- tions governing.

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