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.
