COMMONWEALTH OF VIRGINIA
PRECEDENT DECISION MANUAL
REVISED (1-97)
Individual Sections:
Able and Available - Labor Disputes - Miscellaneous - Misconduct - Procedure - Suitable Work - Total and Partial Unemployment - Voluntary Leaving
TABLE OF CONTENTS:
ABLE AND AVAILABLE
5. General:
40. Attendance at school or training course
70. Citizenship or residence requirements
90. Conscientious objection
105. Contract obligation
150. Distance to work:
150.05 General
150.1 In transit
150.15 Removal from locality
150.2 Transportation and travel
155. Domestic circumstances:
155.05 General
155.1 Children, care of
155.15 Financial circumstances
155.2 Home or spouse in another locality
155.25 Household duties
155.35 Illness or death of others
155.45 Parent, care of
160. Effort to secure employment or willingness to work:
160.05 General
160.1 Application for work
160.15 Attitude or behavior
160.2 Employment
160.25 Refusal of work
160.3 Registration and reporting
160.35 Voluntary leaving or suspension of work
165. Employer requirements
165.05 General
165.1 Bond
165.15 Marital status
165.2 Physical status
180. Equipment
190. Evidence:
190.05 General
190.1 Burden of proof and presumptions
190.15 Weight and sufficiency
195. Experience or training
215. Government requirements
215.05 General
215.1 License or permit
215.15 Manpower regulation
235. Health or physical condition
235.05 General
235.1 Age
235.15 Contagious disease
235.2 Hearing, speech, or vision
235.25 Illness or injury
235.3 Loss of limb (or use of)
235.4 Pregnancy
250. Incarceration or other legal detention
285. Leave of absence or vacation
295. Length of unemployment
305. Military service
315. New work
320. Notification of address
350. Period of ineligibility
360. Personal affairs
365. Prospect of work
370. Public Service:
370.05 General
370.1 Jury Duty
370.15 Public office
375. Receipt of other payments:
375.05 General
375.1 Disability compensation
375.25 Old-age and survivors insurance
375.3 Pension
395. Relief work or public assistance
415. Self-employment or other work:
415.05 General
415.1 Agriculture
415.15 Commercial enterprise
415.2 Family enterprise
415.25 Professional work
415.3 Salesman
450. Time:
450.05 General
450.1 Days of week
450.15 Hours:
450.151 General
450.152 Irregular
450.153 Long or short
450.154 Night
450.155 Prevailing standard, comparison with
450.156 Statutory or regulatory standard, comparison
450.2 Irregular employment
450.4 Part time or full time
450.45 Seasonal
450.5 Shift
450.55 Temporary
475. Union relations:
475.05 General
475.5 Membership
475.65 Remuneration
475.85 Restriction as to type of work
475.97 Working permit
500. Wages
510. Work, nature of:
510.05 General
510.1 Customary
510.15 Essential
510.25 Home work
510.3 Inside or outside
510.35 Light or heavy
510.4 Preferred employer or employment
515. Working conditions:
515.05 General
515.4 Fellow employee
515.5 Morals
515.55 Prevailing for similar work in locality
515.65 Safety
515.75 Seniority
515.85 Temperature or ventilation
515.95 Weather or climate
LABOR DISPUTE
5. General
35. At the factory, establishment, or other premises:
35.05 General
35.1 Integration or proximity of operations
35.15 Separate branch or department
125. Determination of existence:
125.05 General
125.1 Closing of plant or lock-out
125.15 Continuance of employer-employee relationship
125.2 Dispute over conditions of employment:
125.201 General
125.202 Check-off system
125.203 Discharge and reinstatement
125.204 Management of plant
125.205 Safety condition
125.206 Transfer
125.207 Wages and hours
125.25 Judicial or administrative proceedings
125.3 Jurisdictional dispute
125.35 Lack of contract
125.4 Merits of the dispute
125.45 Negotiation with employer
125.5 Sympathetic strike
125.55 Union recognition
125.6 Violation of contract or agreement
130. Directly interested in
175. Employment subsequent to dispute or stoppage of work
190. Evidence:
190.05 General
190.1 Burden of proof and presumptions
190.15 Weight and sufficiency
205. Financing and participating:
205.05 General
205.1 Affiliation with organization
205.15 Payment of union dues
205.2 Picketing or refusal to pass picket line
205.25 Receipt of strike benefit
220. Grade or class of worker:
220.05 General
220.1 Membership in bargaining unit
220.15 Membership or nonmembership in union
220.2 Method of payment
220.25 Performance of work
245. In active progress
350. Period of disqualification
350.05 General
350.4 Relation to work lost
350.55 Termination of
420. Stoppage of work:
420.1 Determination of existence of
420.15 Existing because of labor dispute
420.2 Termination of
445. Termination of labor dispute:
445.05 General
445.1 Agreement or arbitration
445.15 Closing of plant or department
445.2 Discharge or replacement of workers
445.25 National Labor Relations Board proceeding or order
465. Unemployment due to labor dispute or stoppage of work:
465.05 General
465.1 Discharge or resignation
465.15 Lack of work
465.2 Prevented from working
465.25 Temporary, extra, or seasonal work
465.3 Voluntary suspension and leaving work
470. Unemployment prior to labor dispute or stoppage of work:
470.05 General
470.1 Absence
470.15 Discharge or resignation
470.2 Lack of work
470.25 Temporary, extra, or seasonal work
MISCELLANEOUS
5. General
60. Benefit computation factors:
60.05 General
60.1 Base period
60.15 Benefit year
60.2 Disqualification period
60.25 Duration of benefits
60.3 Duration of unemployment
60.35 Waiting period
70. Citizenship or residence requirements
75. Claim and registration
95. Construction of statutes:
95.05 General
95.1 Common meaning
95.15 Construction with reference to other statutes
95.2 Legislative intent
95.25 Retroactive operation
95.3 Statute as a whole as an aid to construction
95.35 Strict or liberal construction
115. Deceased claimants, disposition of unpaid benefits of
120. Dependents. allowances
260. Interstate relations
340. Overpayments:
340.05 General
340.1 Fraud or misrepresentation
340.15 Non-fraudulent
340.2 Restitution
375. Receipt of other payments:
375.05 General
375.1 Disability compensation
375.15 Lieu of notice, remuneration
375.2 Loss of wages, compensation for
375.25 Old-age and survivors insurance
375.3 Pension
375.35 Public assistance
375.4 Railroad retirement benefits
375.45 Relief project wages
375.5 Unemployment compensation under another law
375.55 Workmen's compensation
410. Seasonal employment
MISCONDUCT
5. General
15. Absence:
15.05 General
15.1 Notice
15.15 Permission
15.2 Reasons
45. Attitude toward employer:
45.05 General
45.1 Agitation or criticism
45.15 Competing with employer or aiding competitor
45.2 Complaint or discontent
45.25 Damage to equipment or materials
45.3 Disloyalty
45.35 Indifference
45.4 Injury to employer through relations with patron
85. Connection with work
135. Discharge or leaving:
135.05 General
135.15 Constructive discharge
135.25 Discharge before effective date of resignation
135.3 Involuntary separation
135.35 Leaving in anticipation of discharge
135.45 Suspension for misconduct
140. Dishonesty:
140.05 General
140.1 Aiding and abetting
140.15 Cash shortage or misappropriation
145.2 Falsehood
145.25 Falsification of record
145.3 Property of employer, conversion of
145.35 Property of other than employer, conversion of
145.4 Purchase
190. Evidence:
190.05 General
190.1 Burden of proof and presumption
190.15 Weight and sufficiency
255. Insubordination:
255.05 General
255.1 Disobedience
255.15 Dispute with superior
255.2 Exceeding authority
255.25 Negation of authority
255.3 Refusal to:
255.301 Increase production
255.302 Transfer
255.303 Work
255.304 Work overtime
255.35 Ridicule of authority
255.4 Vulgar or profane language
255.45 Wage dispute
270. Intoxication and use of intoxicants
300. Manner of performing work:
300.05 General
300.1 Accident
300.15 Damage to equipment or materials
300.2 Judgment
300.25 Quality of work
300.3 Quantity of work
310. Neglect of duty:
310.05 General
310.1 Duties not discharged
310.15 Personal comfort and convenience
310.2 Temporary cessation of work
350. Period of disqualification, factors affecting:
350.05 General
350.15 Attitude of claimant
350.2 Custom in establishment
350.35 Previous record of claimant
350.45 Seriousness of consequences of misconduct
385. Relation of offense to discharge
390. Relations with fellow employees:
390.05 General
390.1 Abusive or profane language
390.15 Agitation
390.2 Altercation or assault
390.25 Annoyance of fellow employee
390.3 Debt
390.35 Dishonesty
390.4 Uncooperative attitude
435. Tardiness
475. Union relations:
475.05 General
475.15 Argument with representative
475.35 Labor dispute, participation in
475.5 Membership or activity in union
475.6 Refusal to join or retain membership in union
475.9 Rival union
475.95 Violation of union rule
485. Violation of company rule:
485.05 General
485.1 Absence, tardiness, or temporary cessation of work
485.15 Assaulting fellow employee
485.2 Clothes
485.25 Competition, other work, or recommending competitor to patron
485.3 Dishonesty
485.35 Employment of married women
485.4 Gambling or game playing
485.45 Intoxicants, use of
485.5 Maintenance of equipment
485.55 Manner of performing work
485.6 Money matters, regulation governing
485.65 Motor vehicle
485.7 Personal comfort and convenience
485.75 Removal of property
485.8 Safety regulation
485.85 Store purchase
485.9 Time clock
490. Violation of law:
490.05 General
490.1 Conversion of property law
490.15 Liquor law
490.2 Motor vehicle law
PROCEDURE
5. General.
10. Timeliness of appeals:
10.05 General
10.1 Filing an appeal
10.15 Effect of holiday/state office closing
10.2 Presumption of delivery
10.25 Good cause
10.3 Clerical/Administrative errors as good cause.
10.35 Notice or lack of notice to Commission of address change as good cause
10.4 Failure of Commission to mail a copy of decision to a party's attorney or representative as good cause
20. Requests to reopen a hearing:
20.05 General
20.1 Good cause
20.15 Clerical/Administrative errors as good cause
20.2 Circumstances beyond a party's control
20.25 Prudent conduct to preserve right to participate in future proceedings
20.3 Reopening request received before Appeals Examiner's decision rendered
20.35 Requests to reopen Commission hearing
30. Requests that Commission take additional evidence and testimony:
30.05 General
30.1 Legal standard for taking additional evidence
30.15 Materiality
30.2 Due diligence exercised
30.25 Different result likely
30.3 Insufficiency of record
40. Withdrawal of appeals
50. Postponement of a hearing
60. Conduct of hearing:
60.05 General
60.1 Elements of a due process hearing
60.15 Scheduling of hearing -- location
60.2 Notice of hearing
60.25 Right to present evidence
60.3 Confrontation and cross-examination
60.35 Subpoenas for witnesses and documents
60.4 Representation
60.45 Argument
60.5 Impartial decision-maker
60.55 Challenge to the interest of the hearing officer
70. Fraud:
70.05 General
70.1 Legal standard; intrinsic and extrinsic fraud distinguished
70.15 Procedure before Commission when fraud asserted
80. Res judicata/Collateral estoppel:
80.05 General
80.1 Grievance panel decisions
80.15 Industrial Commission decisions
80.2 Pleas of guilty or nolo contendere in criminal cases where the criminal act was the basis for dismissal
80.25 Findings and decision of a civil court
SUITABLE WORK
5. General
40. Attendance at school or training course
70. Citizenship or residence requirements
90. Conscientious objection
150. Distance to work:
150.05 General
150.15 Removal from locality
150.2 Transportation and travel
155. Domestic circumstances:
155.05 General
155.1 Children, care of
155.2 Home or spouse in another locality
155.25 Household duties
155.3 Housing
155.35 Illness or death of others
155.45 Parent, care of
170. Employment office or other agency referral:
170.05 General
170.1 Direction to apply for work
170.15 Failure to report to employment office
170.2 Refusal of referral
180. Equipment
190. Evidence:
190.05 General
190.1 Burden of proof and presumptions
190.15 Weight and sufficiency
195. Experience or training:
195.05 General
195.1 Insufficient
195.15 Risk of loss of skill
195.2 Use of highest skill
215. Government requirements:
215.05 General
215.1 License or permit
215.15 Manpower regulation
235. Health or physical condition:
235.05 General
235.1 Age
235.2 Hearing, speech, or vision
235.25 Illness or injury
235.3 Loss of limb (or use of)
235.4 Pregnancy
235.45 Risk of illness or injury
265. Interview and acceptance:
265.05 General
265.1 Agreement, failure to reach
265.15 Availability
265.2 Discharge or leaving after trial
265.25 Failure to accept or secure job offered
265.3 Failure to report for interview or work
265.35 Inability to perform offered work
265.4 Necessity for interview
265.45 Refusal or inability to meet employer's requirements
295. Length of unemployment
315. New work
330. Offer of work:
330.05 General
330.1 Genuineness
330.15 Means of communication
330.2 Necessity
330.25 Terms
330.3 Time
330.35 Withdrawal
335. Offered work previously refused
350. Period of disqualification:
350.05 General
350.1 Aggravating circumstances
350.3 Mitigating circumstances
360. Personal affairs
365. Prospect of other work
450. Time:
450.05 General
450.1 Days of week
450.15 Hours:
450.151 General
450.152 Irregular
450.153 Long or short
450.154 Night
450.155 Prevailing standard, comparison with
450.156 Statutory or regulatory standard, comparison with
450.2 Irregular employment
450.35 Overtime
450.4 Part time or full time
450.45 Seasonal
450.5 Shift
450.55 Temporary
475. Union relations:
475.05 General
475.1 Agreement with employer
475.25 Hours
475.4 Matter in dispute not settled
475.45 Means of offer in violation of union rule
475.55 Nonunion shop or supervisor
475.65 Remuneration
475.7 Requirement to join company union
475.75 Requirement to join or retain membership in bona fide labor organization
475.8 Requirement to resign from or refrain from joining bona fide labor organization
475.85 Restriction as to type of work
480. Vacant due to a labor dispute
500. Wages:
500.05 General
500.15 Apprenticeship
500.2 Benefit amount, comparison with
500.25 Expenses incident to job
500.35 Former rate, comparison with
500.45 Living wage
500.5 Low
500.6 Minimum
500.65 Piece rate, commission basis, or other method of computation
500.7 Prevailing rate
510. Work, nature of:
510.05 General
510.1 Customary
510.2 Former employer or employment
510.3 Inside or outside
510.35 Light or heavy
510.4 Preferred employer or employment
515. Working conditions:
515.05 General
515.1 Advancement, opportunity for
515.35 Environment
515.4 Fellow employee
515.45 Method or quality of workmanship
515.5 Morals
515.55 Prevailing for similar work in locality
515.6 Production requirement or quantity of duties
515.65 Safety
515.7 Sanitation
515.75 Seniority
515.8 Supervisor
515.85 Temperature or ventilation
515.95 Weather or climate
TOTAL AND PARTIAL UNEMPLOYMENT
5. General
20. Amount of compensation:
20.05 General
20.1 More or less than benefit amount
30. Apprenticeship or preparatory services
40. Attendance at school or training course
80. Compensation not payable or no work done:
80.05 General
80.1 Alternate or staggered work periods
80.15 Leave of absence or vacation
80.2 Shut-down
105. Contract obligation
110. Corporate or union officer
190. Evidence:
190.05 General
190.1 Burden of proof and presumptions
190.15 Weight and sufficiency
305. Military service
325. Odd-job or subsidiary work
370. Public service:
370.05 General
370.1 Jury duty
370.15 Public office
395. Relief work or public assistance
415. Self-employment or other work:
415.05 General
415.1 Agriculture
415.15 Commercial enterprise
415.2 Family enterprise
415.25 Professional
415.3 Salesman
455. Time of services:
455.05 General
455.1 Full time or part time
455.15 Intermittent work
460. Type of compensation:
460.05 General
460.1 Board and lodging
460.15 Bonus
460.2 Commission
460.25 Credit
460.3 Damages or other award
460.35 Dismissal or separation pay
460.4 Drawing account
460.45 Expenses
460.5 Gratuity
460.55 Pension or retirement pay
460. Type of compensation:
460.6 Remuneration for past or future services
460.65 Union payment or benefit
460.7 Use of property
460.75 Vacation or holiday pay
VOLUNTARY LEAVING
5. General
40. Attendance at school or training course
50. Attributable to, or connected with, employment
70. Citizenship or residence requirements
90. Conscientious objection
135. Discharge or leaving:
135.05 General
135.1 Absence from work
135.2 Interpretation of remark or action of employer or employee
135.25 Leaving prior to effective date of discharge
135.35 Leaving in anticipation of discharge
135.4 Resignation intended
138. Disciplinary action
150. Distance to work:
150.05 General
150.15 Removal from locality
150.2 Transportation and travel
155. Domestic circumstances:
155.05 General
155.1 Children, care of
155.2 Home or spouse in another locality
155.25 Household duties
155.3 Housing
155.35 Illness or death of others
155.4 Marriage
180. Equipment
190. Evidence:
190.05 General
190.1 Burden of proof and presumptions
190.15 Weight and sufficiency
195. Experience or training
210. Good cause
235. Health or physical condition:
235.05 General
235.1 Age
235.2 Hearing, speech, or vision
235.25 Illness or injury
235.35 Physical examination requirement
235.4 Pregnancy
235.45 Risk of illness or injury
290. Leaving without notice
305. Military service
315. New work
345. Pension
350. Period of disqualification:
350.05 General
350.1 Aggravating circumstances
350.3 Mitigating circumstances
350.5 Subsequent employment
360. Personal affairs
365. Prospect of other work:
365.05 General
500.55 Method or time of payment
500.6 Minimum
500.65 Piece rate, commission basis, or other method of computation
500.7 Prevailing rate
500.75 Reduction:
500.751 General
500.752 Hours, change in
500.753 Overtime without compensation
500.754 Territory, change in
500.755 Type of work or materials, change in
505. Work, definition of
510. Work, nature of:
510.05 General
510.3 Inside or outside
510.35 Light or heavy
510.4 Preferred employer or employment
515. Working conditions:
515.05 General
515.1 Advancement, opportunity for
515.15 Agreement, violation of
515.2 Apportionment of work
515.25 Company rule
515.3 Duties or requirements outside scope of employment
515.35 Environment
515.4 Fellow employee
515.45 Method or quality of workmanship
515.5 Morals
515.55 Prevailing for similar work in locality
515.6 Production requirement or quantity of duties
515.65 Safety
515.7 Sanitation
515.75 Seniority
515.8 Supervisor
515.85 Temperature or ventilation
515.9 Transfer to other work
515.95 Weather or climate
ABLE AND AVAILABLE
5. General.
Includes cases containing (1) a general discussion of the meaning of the term .able and available. or (2) ability or availability points which do not fall within any specific line in the Able and Available division of the Code.
40. Attendance at school or training course.
Includes cases in which consideration is given to effect upon the claimant's availability of his enrollment or attendance at school, college, or training courses.
70. Citizenship or residence requirements.
Cases involving citizenship or residence as a prerequisite for employment.
90. Conscientious objection.
Includes cases in which a claimant restricts the employment acceptable to him because of conscientious objection on ethical or religious grounds.
105. Contract obligation.
Includes cases in which a claimant is bound by contract which prevents him from accepting other employment.
150. Distance to work:
150.05 General.
Includes cases containing (1) a general discussion of distance, (2) points not covered by any other subline under line 150, or (3) points covered by
three or more sublines.
150.1 In transit.
Where a claimant travels to or from the locality of his work or residence and a distant locality or localities, remaining at any one point only a short
time.
150.15 Removal from locality.
Involves permanent removal to another locality, temporary removal from the locality of work, and willingness to move to another locality to work.
150.2 Transportation and travel.
Involves transportation cost, convenience, facilities, and time.
155. Domestic circumstances:
155.05 General.
Includes cases containing (1) a general discussion of domestic circumstances, (2) points not covered by any other subline under line 155, or (3) points covered by three or more sublines.
155.1 Children, care of.
Where claimant places restrictions on acceptance of work because of his need to care for children. Cases involving illness of children are found under the subline .Illness or death of others,. below.
155.15 Financial circumstances.
Where the economic or financial circumstances of claimant's family are considered in determining whether or not the claimant is available for work.
155.2 Home or spouse in another locality.
Where a claimant is unwilling to accept work in the vicinity because of his desire to accompany or to join his spouse in another locality, or because of his reluctance to leave his home or spouse.
155.25 Household duties.
Where a claimant is unwilling or unable to accept employment because such work would interfere with the performance of household duties.
155.35 Illness or death of others.
Involves restrictions on a claimant's availability for work because of illness or death of others.
155.45 Parent, care of.
Involves restrictions on acceptance of work because of the need to care for a parent who is aged or in-capacitated. Cases involving illness of parents are placed under the subline .Illness or death of others,. above.
160. Effort to secure employment or willingness to work:
160.05 General.
Includes cases containing (1) a general discussion of efforts to secure employment or willingness to work as affecting a claimant's availability for, or ability to, work, (2) points not covered by any other subline under line 160, or (3) points covered by three or more sublines.
160.1 Application for work.
Where claimant's application, or failure to apply, for work is considered in determining his availability for work.
160.15 Attitude or behavior.
Applies to cases where claimant's attitude or behavior indicates willingness or unwillingness to work.
160.2 Employment.
Where performance or acceptance of work is discussed as evidence of ability and availability for work; a where claimant obtained work subsequent to filing.
160.25 Refusal of work.
Effect of refusal, or repeated refusals, of work upon the claimant's availability for work.
160.3 Registration and reporting.
Registration and reporting, failure to register and report, or failure to register or report in the proper locality, or in the proper form.
160.35 Voluntary leaving or suspension of work.
Where the fact that the claimant left or suspended work voluntarily, or his reasons for doing so, are considered in determining his availability for work.
165. Employer requirements:
165.05 General.
Includes cases containing (1) a general discussion of employers. requirements, (2) points not covered by any other subline under line 165, or (3) points covered by three or more sublines.
165.1 Bond.
Employer's requirement that a claimant furnish a bond prior to becoming employed.
165.15 Marital status.
Where company rules prohibit the hiring of, or retention in employment of, married women.
165.2 Physical status.
Employer's requirement that a claimant submit to a physical examination as a prerequisite to employment or reemployment, or a rule prohibiting the employment of persons over or under a certain age, height, or weight, or those suffering from certain diseases or disabilities.
180. Equipment.
Includes cases which discuss claimant's inability to furnish necessary tools, special clothing, or other equipment as affecting his availability.
190. Evidence:
190.05 General.
General discussion of evidence, or of specific points of evidence, not covered by either of the other sublines under line 190.
190.1 Burden of proof and presumptions.
Applies to discussions as to which party has burden of proof when ability to work or availability for work is at issue, or as to legal adequacy of particular evidence to overcome presumptions concerning ability to work or availability for work.
190. Evidence - Continued
190.15 Weight and sufficiency.
Discussion of the weight and sufficiency of the evidence as to a claimant's ability to work or his availability for work.
195. Experience or training.
Includes cases in which the extent or the lack of a claimant's education, experience, or training is a factor in determining availability for work.
215. Government requirements:
215.05 General.
Includes cases containing (1) a general discussion of government requirements, as they affect a claimant's availability, (2) points not covered by any
other subline under line 215, or points covered by all the sublines.
215.1 License or permit.
Discussion of the effect of work or health permit or license requirements upon claimant's availability for work.
215.15 Manpower regulation.
This line was used for the duration of the war only. Included cases involving War Manpower Commission policies and regulations concerning the placement of workers. These cases were published under code line 75 of the bound Series.
235. Health or physical condition:
235.05 General.
Includes cases containing (1) a general discussion of physical ability to work, (2) points concerning physical ability which are not covered by any other subline under line 235, or (3) points covered by three or more sublines.
235.1 Age.
Discussion of the availability of minors or persons of advanced age.
235.15 Contagious disease.
Effect of such diseases on coworkers as factor affecting availability.
235.2 Hearing, speech, or vision.
Where defective hearing, speech, or vision has bearing on claimant's availability.
235.25 Illness or injury.
Types of illness or injury not covered by the specific sublines under line 235.
235.3 Loss of limb (or use of).
Where loss of limb, or loss of adequate use thereof has a bearing on availability.
235.4 Pregnancy.
Where a pregnant woman's availability for work is an issue.
250. Incarceration or other legal detention.
Applies to cases involving imprisonment, or detention of a worker.
285. Leave of absence or vacation.
Includes cases which discuss availability of claimants who are on a leave of absence or vacation.
295. Length of unemployment.
Effect of length of claimant's unemployment upon his availability for work.
305. Military service.
Includes cases considering the effect of military status. imminent discharge, furlough from military service, inactive or reserve military status, and military leave of absence upon a claimant's availability.
315. New work.
Only used in cases which discuss whether a given employment constitutes new work within the meaning of the term as used in section 1603 (a) (5) of the Internal Revenue Code, as amended.
320. Notification of address.
Includes cases in which the fact of notice, or the lack of such notice, by the claimant to the employment agency, or to an employer, is considered material to a determination of the claimant's availability.
350. Period of ineligibility.
Includes those cases where a claimant was ill for one or more days or absent from the area one or more days and where his eligibility for that particular week is in question.
360. Personal affairs.
Includes cases which discuss the availability of a claimant who is engaged in such matters as settling an estate, or attending to financial or casual affairs which cannot strictly be classified as domestic circumstances (line 155), health or physical condition (line 235), or self-employment or other work (line 415).
365. Prospect of work.
Includes cases which discuss a claimant's prospects for work of the type, and under the conditions, acceptable to him.
370. Public Service:
370.05 General.
Applies to cases containing a general discussion of public service and to cases discussing miscellaneous types of public service not included under jury duty or public office, where the claimant's availability for work might be affected.
370.1 Jury Duty.
Availability of a claimant while serving as a juror.
370.15 Public office.
Availability of officeholders or candidates for office.
375. Receipt of other payments:
375.05 General.
Includes cases containing (1) a general discussion of the effect of receipt of other payments on claimant's availability, (2) points not covered by any other subline under line 375, and (3) points covered by three or more sublines.
375.1 Disability compensation.
Where the receipt of such compensation is considered in determining whether or not claimant is able to work.
375.25 Old-age and survivors insurance.
Where the filing for, or receipt of, such benefits is considered in determining claimant's availability. (NOTE: Cases discussing the reduction or cancellation of unemployment insurance benefits because of race old-age or retirement payments are covered in Miscellaneous division of the Code.)
375.3 Pension.
Consideration of the receipt of such payments in determining claimant's availability for work.
395. Relief work or public assistance.
Cases including (1) Work on relief projects, receipt of public aid or relief; (2) Domicile: assistance in the form of a home for the aged, soldiers. home, or other institution, where non-acceptance of work may be a condition precedent to residence in such home.
415. Self-employment or other work:
415.05 General.
Includes cases containing (1) a general discussion of self-employment, (2) points not covered by any other subline under line 415, or (3) points covered by three or more sublines.
415.1 Agriculture.
Consideration of the availability of a claimant engaged in farming or living on a farm.
415.15 Commercial enterprise.
Participation in a commercial enterprise as affecting claimant's availability.
415.2 Family enterprise.
Effect of family enterprise on availability.
415.25 Professional work.
Availability of claimant engaged in professional work.
415.3 Salesman.
Availability of salesman.
450. Time:
450.05 General.
Includes cases containing (1) a general discussion of restrictions concerning time as affecting availability, (2) points not covered by any other subline
under line 450, or (3) points covered by three or more sublines.
450.1 Days of week.
Where claimant will not work on certain days because of religious beliefs, domestic circumstances, or other reasons.
450.15 Hours:
450.151 General.
450.152 Irregular.
450.153 Long or short.
450.154 Night.
450.155 Prevailing standard, comparison with.
450.156 Statutory or regulatory standard, comparison with.
Claimant's insistence upon, or objection to, one or more of the above specified hours of work.
450.2 Irregular employment.
Involves restrictions to, or unwillingness to accept, irregular work.
450.4 Part time or full time.
Where claimant's availability is in issue because he either wants, or doesn't want, part-time or full-time work.
450.45 Seasonal.
Claimant's objection to, or insistence upon, seasonal work.
450.5 Shift.
Involves restrictions to, or unwillingness to accept, work on some particular shift.
450.55 Temporary.
Claimant's restriction to, or unwillingness to accept, temporary work.
475. Union relations:
475.05 General.
Includes cases containing (1) a general discussion of the effect of union requirements upon a claimant's availability, (2) points not covered by any other subline under line 475, or (3) points covered by three or more sublines.
475. Union relations - Continued
475.5 Membership.
Claimant's insistence upon retaining membership, or his refusal to institute or maintain union membership, as affecting his availability for work.
475.65 Remuneration.
Where claimant's insistence upon wages meeting the approval of his union affects his availability for work.
475.85 Restriction as to type of work.
Where claimant restricts himself to union work.
475.97 Working permit.
Effect of lack of a union work permit, or a claimant's failure to comply with the requirements for such a permit, on claimant's availability for work.
500. Wages.
Includes cases in which a claimant's insistence upon a wage, below which he will not work, affects his availability for work.
510. Work, nature of:
510.05 General.
Includes cases containing (1) a general discussion of the restrictions as to the nature of work with reference to claimant's availability, (2) points
not covered by any other subline under line 510, or (3) points covered by three or more sublines.
510.1 Customary.
Where a claimant's insistence upon, or inability or unwillingness to accept, work in his usual occupation raises a question as to his availability for work.
510.15 Essential.
Used during the war and emergency period in cases where claimant's willingness or ability to accept war work, or other work essential to reconversion, affected his availability for work. For cases published on this point see line 190 in bound Series.
510.25 Home work.
Where claimants. desire to accept only work which can be performed in their homes, or where their inability or unwillingness to obtain governmental
permit for the performance of such work, affects their availability for work.
510.3 Inside or outside.
Claimant's restriction to, or unwillingness to accept, inside or outside work.
510. Work, nature of - Continued
510.35 Light or heavy.
Where claimants, through preference or consideration of their physical well-being, restrict their acceptance of work to that requiring less physical exertion or to sedentary work.
510.4 Preferred employer or employment.
Effect upon availability of claimant's willingness to work only for a particular employer, or in a particular employment.
515. Working conditions:
515.05 General.
Includes cases containing (1) a general discussion of working conditions or place, as affecting availability, (2) points not covered by any other
subline under line 515, or (3) points covered by three or more sublines.
515.4 Fellow employee.
Where the claimant's availability is an issue because of his restrictions to, or objections to, working with particular individuals or supervisors.
515.5 Morals.
Where a claimant restricts the work, or the environment thereof, for reasons of morality.
515.55 Prevailing for similar work in locality.
Comparison of claimant's restrictions regarding working conditions with those existing for similar work in the locality. Includes cases in which consideration is given to the question of whether or not the .labor standards. provisions are applicable in such situations.
515.65 Safety.
Effort upon availability of a claimant's unwillingness to accept a particular job, or type of work, because of some alleged risk to life or physical safety.
515.75 Seniority.
Availability of claimants who restrict themselves to a particular employer, in order to protect and enjoy some advantage resulting from seniority with
that employer, and of claimants who reject employment in which they cannot obtain seniority benefits.
515.85 Temperature or ventilation.
claimant's objection to certain types of employment because of the temperature or ventilation involved.
515.95 Weather or climate.
Effect upon claimant's availability because of his objection to working under certain weather or climatic conditions, or when the weather prevents him from performing his type of work.