53 STAT.]
76TH CONG. , 1ST SESS.-CH. 227-JUNE 20, 1939
"(c) No work shall be deemed suitable for the purposes of section
4 (a) (ii) 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,
lockout, 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 remu-
neration 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
acordance 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 section 4 (a) (ii) 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 volun-
tary 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 section 4 (a) (ii) of this Act."
SEC. 12 . Section 6 of said Act is hereby amended to read as follows:
"SEc. 6 . Employers shall file with the Board, in such manner and
at such times as the Board by regulations may prescribe, returns
under oath of monthly compensation of employees, and, if the Board
shall so require, shall distribute to employees annual statements of
compensation prepared by the Board: Provided, That no returns
shall be required of employers which would duplicate information
contained in similar returns required under any other Act of Con-
gress administered by the Board. Any such return shall be con-
clusive as to the amount of compensation earned by an employee
during the period covered by the return, and the fact that no return
was made of the compensation claimed to be earned by an employee
during a particular period shall be taken as conclusive that no com-
pensation was earned by such employee during that period, unless
the error in the amount of compensation returned in the one case,
or failure to make return of the compensation in the other case, is
called to the attention of the Board within eighteen months after
the date on which the last return covering any portion of the calendar
year which includes such period is required to have been made."
847
Unsuitable work.
Position offered is
vacant due to labor
dispute.
Unfavorable labor
conditions.
Labor union mem-
bership.
Acceptance would
involve law violation.
Loss of substantial
seniority rights.
Additional factors
in determining suit-
able work.
Current recognized
practices.
Degree of risk in-
volved.
Fitness, prior earn-
ings, etc.
Length of unem-
ployment, etc.
Distance of avail-
able work.
Voluntarily leaving
unsuitable work.
Monthly compensa-
tion returns.
52 Stat. 1101.
45 U. S. C., Supp.
IV, §356.
Proviso.
Duplicate informa-
tion.
Conclusiveness.
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