Page:United States Statutes at Large Volume 53 Part 2.djvu/370

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PUBLIC LAWS-CH. 227-JUNE 20, 1939 Disqualifying con- ditions. 52 Stat. 1098. 45 U. . C., Supp. IV, 354 . Leaving work vol- untarily without good cause. Failing to accept suitable work without good cause. Unemployment due to strike in violation of law. 44 Stat. 577. 45U.S.C.ch.8; Supp. IV, ch. 8 . False or fraudulent statements. Receipt of benefits under designated Acts. 49 Stat. 967; 50 Stat. 307. 45 U. S. C., Supp. IV, ch. 9. 49 Stat. 622. 42 U. S. C., Supp. IV, §§401-410a. Persons paid on mileage basis; limita- tions. Strike, etc., d isqual- ification, exceptions. Nonparticipants, etc. Proiso. Payment of dues not deemed financing strike. Employees not be- longing to designated class, any of whom participate, etc., in dispute. PrIoso. Enterprise conduct- ing separate types of work. SEC. 11. Section 4 of said Act is hereby amended to read as follows: "SEC. 4. (a) There shall not be considered as a day of unemploy- ment, 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 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; "(iii) subject to the provisions of subsection (b) of this section, any day with respect to which the Board finds that his unemploy- ment 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; "(iv) 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; "(v) 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 payments 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-compen- sation law of any State or of the United States other than this Act; "(vi) any day in any half-month with respect to which the Board finds that, pursuant to a contract of employment provid- ing for the determination of his compensation wholly or par- tially, on a mileage basis, he earned at least the equivalent of eight times the schedule daily rate of compensation for the service in which he was last employed during that half-month. "(b) The disqualification provided in section 4 (a) (iii) 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 paragraphs; and "(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 enterprise at which the stoppage occurs, any of whom are par- ticipating 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. 846 [53 STAT.