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Tuesday, July 15, 2008

John Bustard, et al. v. Board of Review, et al.

07-15-08 A-5365-05T2

With the adoption of N.J.S.A. 43:21-5(d)(2) in L. 2005, c.103 -- an exception to the labor dispute disqualification provision of subsection (d)(1) -- applicable by its terms from December 1, 2004, the Board of Review is obliged to evaluate the parties' proofs in a first-instance interpretation and application of the newly enacted provision before it can determine whether claimants are eligiblefrom unemployment compensation benefits.