NRS
612.395 Unemployment as result of labor dispute.
1. A person is disqualified for benefits
for any week with respect to which the Administrator finds that the person’s
total or partial unemployment is due to a labor dispute in active progress at
the factory, establishment or other premises at which the person is or was last
employed.
2. This section does not apply if it is
shown to the satisfaction of the Administrator that:
(a) The person is not participating in or
financing or directly interested in the labor dispute which caused his or her
unemployment; and
(b) The person 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 at which the labor dispute
occurs, any of whom are participating in or financing or directly interested in
the labor dispute, but 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 section, be deemed to be a separate factory, establishment or
other premises.
[Part 5:129:1937; A 1939,
115; 1941,
412; 1943,
239; 1947,
413; 1949,
277; 1951,
339; 1955,
698]—(NRS A 1993,
1825)
Notes of Decisions
Alldredge v. Archie, 569 P.2d 940 (Nev. 1977).
· cites it 15× “The denial of benefits was based upon the labor dispute disqualification set forth in NRS 612.395(1), which provides: “An individual shall be disqualified for benefits for any week with respect to which the executive director finds that his total or partial unemployment is due…”
Airport Casino, Inc. v. Jones, 741 P.2d 814 (Nev. 1987).
· cites it 5× “OPINION Per Curiam: This is an unemployment compensation case involving the application of the “labor dispute” disqualification provision of NRS 612.395. The basic facts underlying the present controversy are essentially undisputed.”
Abate v. Ace Cab (Nev. 2018).
· cites it 12× “ESD denied appellants' claims pursuant to NRS 612.395, which disqualifies an individual from receiving unemployment benefits if his or her unemployment is "due to a labor dispute in active progress.”
— Nev. Rev. Stat. § 612.395(1) — 3 cases
Alldredge v. Archie, 569 P.2d 940 (Nev. 1977).
“The denial of benefits was based upon the labor dispute disqualification set forth in NRS 612.395(1), which provides: “An individual shall be disqualified for benefits for any week with respect to which the executive director finds that his total or partial unemployment is due…”
Abate v. Ace Cab (Nev. 2018).
“ESD denied appellants' claims pursuant to NRS 612.395, which disqualifies an individual from receiving unemployment benefits if his or her unemployment is "due to a labor dispute in active progress.”
— Nev. Rev. Stat. § 612.395(2) — 2 cases
Alldredge v. Archie, 569 P.2d 940 (Nev. 1977).
“The denial of benefits was based upon the labor dispute disqualification set forth in NRS 612.395(1), which provides: “An individual shall be disqualified for benefits for any week with respect to which the executive director finds that his total or partial unemployment is due…”
— Nev. Rev. Stat. § 612.395(2)(a) — 1 case
— Nev. Rev. Stat. § 612.395(2)(b) — 2 cases
Alldredge v. Archie, 569 P.2d 940 (Nev. 1977).
“The denial of benefits was based upon the labor dispute disqualification set forth in NRS 612.395(1), which provides: “An individual shall be disqualified for benefits for any week with respect to which the executive director finds that his total or partial unemployment is due…”
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