The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1937-01-07

w he does nOI DelOIlS 10 a grace
or class of workers Of which, i'm
mediately before the commence
ment of the stoppage, there were
members employed at the premises
at which the stoppage occurs, any
of whom are participating in or
financing the dispute; and provided
further, that if in any case separate
branches of work, which are COM
monty conducted as separate bust
nesses in separate premises, are
conducted in separate departments
of the same premises, each such de-
partment shall for the purposes Of
this subsection be deemed to be a
separate factory, establishment, or
other premises.
(e) For the week with respect TO
which he is receiving or has re-
ceived remuneration in the form
Of
ID Wages in lieu Of notice;
(2) Compensation for temporary
partial disability under the work
mems compensation law Of any
State or under a similar law Of the
United States; or
CD Old-age benefits under Title
II Of the Social Security Act, as
amended, or similar payments IN.
der any Act of Congress;
Provided that if such remunera.
ton is less than the benefits which
would otherwise be due under this
Act, he shall be entitled to receive
for such week, If otherwise eligible,
benefits reduced by the amount Of
such remuneration.
Section 8. CLAIMS FOR BENE.
FITS. (a) Filing. Claims for bene-
fits shall be made in accordance
with such regulations as the COM
mission may prescribe. Each en-
ployer shall post and maintain
printed statements of such regula-
lions in places readily accessible to
make available to each such indi-
vidual at the time he becomes un-
employed, a printed statement Of
such regulations. Such printed
statements shall be supplied by the
commission to each employer with
out cost to him.
(b) Initial Determination. The
commission shall designate repre-
sentatives, herein referred to as
referees, to insure the prompt
examination of claims for benefits
made pursuant to this section, pro-
vided, however, that no person shall
be designated as a referee to act
upon any claim for benefit, or par
ticipate on behalf of the commits
sion in any case in which he is an
interested party. The designated
representative shall promptly ex-
anime the claim and, on the basis Of
the facts found by him, shall either
determine whether or not such
claim is valid, and if valid, the week
with respect to which benefits shall
commence, the weekly benefit
amount payable and the maximum
duration thereof, or shall refer such
claim or any question involved
therein to the commission, which
shall make its determinations with
respect thereto in accordance with
the procedure prescribed in sub
section Co of this section, except
that in any case in which the pay
ment or denial of benefits will be
determined by the provisions OF
Section Z Cd of this Act, the referee
shall promptly transmit his full
finding of fact with respect to that
subsection to the commission, which,
on the basis of the evidence sub
mitted and such additional evidence
as it may require, shall affirm,
modify, or set aside such findings Of
fact and transmit to the referee a
decision upon the issues involved
under that subsection. The referee
shall promptly notify the claimant
and the employer or employers
against whose reserve account such
benefits are chargeable of the de-
decision and the reasons therefor.
Unless the claimant or such emy
ployer or employers within ten
calendar days after the delivery Of
such notification, or within II
calendar days after such notifica.
ton was mailed to his last known
address, files an appeal from such
decision, such decision shall be
final and benefits shall be paid or
denied in accordance Herewith. II
an appeal is filed, benefits with re-
spect to the period prior to the final
determination of the commission,
shall be paid only after such de-
termination; provided that if the
commission affirms decision Of
referee, allowing benefits, such bene-
fits shall be paid regardless Of any
appeal which may thereafter be
taken, but if such decision is finally
reversed, no employers account
shall be charged with benefits so
paid.
(c) Commission Review. The
commission may, on its own mo-
ton, affirm, modify, or set aside
any decision Of referee on the
basis of the evidence previously
submitted in such case, or direct the
taking Of additional evidence, or
may permit any of the parties to
such decision to initiate further ap-
peals before it. In any case in
which a claim for benefits has been
denied an appeal shall be allowed
before the commission and an op-
portunity for a fair hearing grant
ed. The commission shall promptly
notify the interested parties Of its
findings and decision. In no case
shall hearing before the commits
sion as a body proceed unless all
three members Of the commission
are present.
Cd Procedure. The manner IN
which disputed claims shall be pre-
sented, the reports thereon required
from the claimant and from en-
ployers, and the conduct of hearings
and appeals shall be in accordance
with the rules prescribed by the
commission for determining the
rights of the parties, whether or not
such rules conform to common law
or statutory rules of evidence and
other technical rules of procedure.
A full and complete record shall be
kept of all proceedings in connec-
ton with a disputed claim. All tes-
timony at any hearing shall be re-