Page:United States Statutes at Large Volume 54 Part 1.djvu/1132

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PUBLIC LAWS-CH. 842-OCT. 10, 1940 458at. 846.upp SEC. 18. Subsection (a) of section 4 of said Act is hereby further v, 354 (a). amended by adding thereto the following paragraphs: Day when 40 times "(vii) any day in any registration period comprising the last eaned. fourteen days of a period of twenty-eight days with respect to which period of twenty-eight days the Board finds that he earned, in train and engine service, yard service, dining-car service, sleep- ing-car service, parlor-car service or other Pullman-car or similar service, or express service on trains, at least the equivalent of forty times his daily benefit rate; Sundays, holidays, "(viii) any day which is a Sunday or which the Board finds etc. is generally observed as a holiday m the locality in which he registered for such day, unless such day was immediately pre- ceded by a day of unemployment and immediately followed by a day of unemployment or was the last day in a registration period onseiv and was immediately preceded by a day of unemployment: Pro- days. vided, That if two or more consecutive days are a Sunday and one or more holidays, then with respect to any employee such consecutive days shall not be considered as days of unemploy- ment unless they were immediately preceded by a day of unem- ployment and immediately followed by a day of unemployment or the last of such days was the last day of a registration period and such days were immediately preceded by a day of unem- ployment." 52 Stat. 1100. SEC. 19. The first sentence of subsection (c) of section 5 of said Act v,6 355 (c). is hereby amended to read as follows: "Each qualified employee whose Hearings. claim for benefits has been denied in whole or in part upon an initial determination with respect thereto upon a basis other than one which is reviewable pursuant to one of the succeeding paragraphs of this subsection, shall be granted an opportunity for a fair hearing thereon before a district board." 52Stat 1 . S100. SEC. 20. Subsection (c) of section 5 of said Act is hereby further 45 U. S. C., Supp. v, § 355 (c). amended by adding thereto the following paragraphs: devieaw ofi certain "Any claimant whose claim for benefits has been denied in an initial determination with respect thereto upon the basis of his not being a qualified employee, and any claimant who contends that under an Awards at lessthan initial determination of his claim he has been awarded benefits at less than the proper rate, may appeal to the Board for the review of such determination. Thereupon the Board shall review the deter- mination and for such review may designate one of its officers or employees to receive evidence and to report to the Board thereon Notification. together with recommendations. In any such case the Board or the person so designated shall, by publication or otherwise, notify all parties properly interested of their right to participate in the pro- ceeding and, if a hearing is to be held, of the time and place of the Hearing. hearing. At the request of any party properly interested the Board shall provide for a hearing, and may provide for a hearing on its own iegulations gover. motion. The Board shall prescribe regulations governing the appeals g app. 1 provided for in this paragraph and for decisions upon such appeal. Right o recoveryf "In any case in which benefits are awarded to a claimant in whole ments. or in part upon the basis of pay earned in the service of a person or company found by the Board to be an employer as defined in this Act but which does not comply with the provisions of this Act and denies that it is such an employer, such benefits awarded on such basis shall be paid to such claimant subject to a right of recovery of such benefits. The Board shall thereupon designate one of its officers or employees to receive evidence and to report to the Board on whether Notifaton, such benefits should be repaid. In any such case the Board or the person so designated shall, by publication or otherwise, notify all parties properly interested of their right to participate in the pro- ceeding and, if a hearing is to be held, of the time and place of the 1098 [54 STAT.