§ 354.
(a–1)
Day of unemployment or day of sickness
There shall not be considered as a day of unemployment, or as a day of sickness, with respect to any employee—
(i)
any of the seventy-five days beginning with the first day of any registration period 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;
(ii)
any day in any period with respect to which the Board finds that he is receiving or will have received annuity payments under the Railroad Retirement Act of 1974 [
45 U.S.C. 231 et seq.], or insurance benefits under title II of the Social Security Act [
42 U.S.C. 401 et seq.], or unemployment, maternity, or sickness benefits under an unemployment, maternity, or sickness compensation law other than this chapter, or any other social-insurance payments under any law:
Provided, That if an employee receives or is held entitled to receive any such payments, other than unemployment, maternity, or sickness payments, with respect to any period which include days of unemployment or sickness in a registration period, after benefits under this chapter for such registration period will have been paid, the amount by which such benefits under this chapter will have been increased by including such days as days of unemployment or as days of sickness shall be recoverable by the Board:
(iii)
if he is paid a separation allowance, any of the days in the period beginning with the day following his separation from service and continuing for that number of consecutive fourteen-day periods which is equal, or most nearly equal, to the amount of the separation allowance divided (i) by ten times his last daily rate of compensation prior to his separation if he normally works five days a week, (ii) by twelve times such rate if he normally works six days a week, and (iii) by fourteen times such rate if he normally works seven days a week;
1
So in original. The semicolon probably should be a period.
(b)
Participation, interest, or financial assistance in labor dispute
The disqualification provided in subsection (a–2)(iii) of this section 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 participating in or financing or directly interested in the dispute: Provided, That if separate types of work are commonly conducted 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)
Unsuitable work
No work shall be deemed suitable for the purposes of subsection (a–2)(ii) of this section, and benefits shall not be denied under this chapter 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 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 joining 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 [
45 U.S.C. 151 et seq.], and any other employer.
([June 25, 1938, ch. 680, § 4], [52 Stat. 1098]; [June 20, 1939, ch. 227, § 11], [53 Stat. 846]; [Oct. 10, 1940, ch. 842], §§ 14–18, [54 Stat. 1097], 1098; [July 31, 1946, ch. 709], §§ 309, 310, [60 Stat. 737], 738; [Oct. 30, 1951, ch. 632, § 27], [65 Stat. 691]; [Pub. L. 85–927], pt. II, § 202, Sept. 6, 1958, [72 Stat. 1782]; [Pub. L. 86–28], pt. III, § 305, May 19, 1959, [73 Stat. 31]; [Pub. L. 88–133, title III, § 302(a)], Oct. 5, 1963, [77 Stat. 222]; [Pub. L. 90–257, title II, § 204], Feb. 15, 1968, [82 Stat. 24]; [Pub. L. 93–445, title IV, § 402], Oct. 16, 1974, [88 Stat. 1359]; [Pub. L. 98–76, title IV, § 411(a)(3)], Aug. 12, 1983, [97 Stat. 436]; [Pub. L. 100–647, title VII, § 7101(d)], Nov. 10, 1988, [102 Stat. 3758].)