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S.D. Codified Laws § 61-6-19

Work deemed unsuitable due to labor dispute, unfavorable working conditions, or requirement as to union membership

Applied in 5 court decisions — leading case John Morrell & Co. v. South Dakota Department of Labor, Unemployment Insurance Division (1990)

Most recently applied in Quincy Corp. v. Aguilar (November 1997)

Source: SL 1936 (SS), ch 3, § 5; SDC 1939, § 17.0830 (3) (b); SL 1939, ch 89; SL 1943, ch 84; SL 1955, ch 62; SL 2008, ch 277, § 126; SDCL § 61-6-17; SL 2012, ch 252, § 59.

How often courts cite this section

19851990199720
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Notwithstanding any other provisions of this title, no work is deemed suitable and no benefits may be denied under this title to any otherwise eligible individual for refusing to accept new work under any of the following conditions:

(1) If the position offered is vacant due directly to a strike, lockout, or other labor dispute;

(2) If the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality;

(3) If, as a condition of being employed, the individual would be required to join or to resign from or refrain from joining any labor organization.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.