Journal of the Senate of the State of Texas, Regular Session of the Sixty-Fifth Legislature, Volume 2 Page: 1,585
1570-3385 p. ; 24 cm.View a full description of this legislative document.
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a vessel) at which he is or was last employed, or (ii) because of a labor dispute at
another place, either within or without this State, which is owned or operated by the
same employing unit which owns or operates the premises at which he is or was last
employed, and supplies materials or services necessary to the continued and usual
operation of the premises at which he is or was last employed; provided that this
subsection shall not apply if it is shown to the satisfaction of the Commission that:
"(1) He is not participating in or financing or directly interested in the labor
dispute; provided, however, that failure or refusal to cross a picket line or refusal for
any reason during the continuance of such labor dispute to accept and perform his
available and customary work at the factory, establishment, or other premises
(including a vessel) where he is or was last employed shall be considered as
participation and interest in the labor dispute; and
"(2) He does not belong to a grade or class of workers of which, immediately
before the commencement of the labor dispute, there were members employed at the
premises (including a vessel) at which the labor dispute occurs, any of whom are
participating in or financing or directly interested in the dispute; provided, that if in
any case separate branches of work which are commonly conducted as separate
businesses in separate premises are conducted in separate departments of the same
premises, each such department shall, for the purposes of this subsection, be deemed
to be a separate factory, establishment, or other premises; and where a
disqualification arises from the employee's failure to meet the requirements of this
paragraph (2) of this subsection (d) his disqualification shall cease if he shall show
that he is not, and at the time of the labor dispute was not, a member of a labor
organization which is the same as, represented by, or directly affiliated with, or that
he, or such organization of which he is a member, if any, is not acting in concert or
in sympathy with a labor organization involved in the labor dispute at the premises
at which the labor dispute occurred, and he has made an unconditional offer to
return to work at the premises at which he is or was last employed.
"(e) For any benefit period with respect to which he is receiving or has
received remuneration in the form of:
"(1) Wages in lieu of notice;
"(2) Compensation for temporary partial disability, temporary total disability
or total and permanent disability under the Workmen's Compensation Law of any
State or under a similar law of the United States;
"(3) Old Age Benefits under Title II of the Social Security Act as amended,
or similar payments under any Act of Congress, or a State Legislature; provided,
that if such remuneration is less than the benefits which would otherwise be due
under this Act, he shall be entitled to receive for such benefit period, if otherwise
eligible, benefits reduced by the amount of such remuneration. If any such benefits,
payable under this subsection, after being reduced by the amount of such
remuneration, are not an even multiple of One Dollar ($1), they shall be adjusted to
the next higher multiple of One Dollar ($1).
"(f) In determining the number of benefit periods during which any individual
is entitled to receive benefits in a benefit year, the Commission shall deduct any
period of disqualification as provided in subsections (a), (b), and (c) of this Section
from the total number of benefit periods during which he would otherwise be entitled
to receive benefits except for such disqualification; provided, that in no case shall the
number of benefit periods so deducted exceed the number of benefit periods during
which the claimant is then eligible to receive benefits except for such
disqualification; and provided further, that in no event shall a disqualification
imposed under subsection (a) or (c) of this Section result in a total reduction of the
claimant's benefit rights in his benefit year.
"(g) For the duration of any period of unemployment with respect to which
the Commission finds that such individual has left his most recent work for theMay 19, 1977
SENATE JOURNAL
1585
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Texas. Legislature. Senate. Journal of the Senate of the State of Texas, Regular Session of the Sixty-Fifth Legislature, Volume 2, legislative document, 1977; (https://texashistory.unt.edu/ark:/67531/metapth146010/m1/19/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.