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to 50 per centum of the total amount of tion 4 (8-2) (il) of the Railroad unemployment benefits which were pay

Unemployment Insurance Act. able to him in the benefit year in which he

(Board Order 56–100, 21 F. R. 2918, May 3. last exhausted his rights before making his

1956] first claim under this Act, which occur in registration periods, as defined in the Rall- § 325.12 Registration. road Unemployment Insurance Act, beginning on or after (April 8, 1961) the afteenth

(a) Method of registration. Regisday after the date of enactment of the Tem- tration with respect to any day shall porary Extended Unemployment Compensa

be made by the employee's appearing tion Act of 1961, and before April 1, 1962, before an unemployment claims agent and which would not be days with respect to at a free employment office during such which he would be held entitled otherwise

agent's working hours and claiming the to receive unemployment benefits under the

day by signing for it on the registraRailroad Unemployment Insurance Act *

tion and claim form provided by the (Board Order 56–100, 21 F.R. 2918, May 8,

Board: Provided, however, That, except 1956, as amended by Board Order 59-131,

for registrations for benefits in extended 24 F.R. 5018, June 20, 1959; Board Order 61-50, 26 F.R. 3607, Apr. 27, 1961; Board Order

benefit periods, for benefits provided in 68–72, 33 F.R. 11114, Aug. 6, 1968]

section 303(b), Public Law 86–28, 73

Stat. 31, and for benefits provided in & 325.5 Claim and withdrawal of claim.

the Temporary Extended Railroad Un(a) Claim. An employee shall claim employment Insurance Benefits Act of a day as a day of unemployment by 1961, no registration shall be deemed making registration with respect to such to have been made with respect to any day.

day which, if registration were made (b) Withdrawal of claim. A claim to with respect to it, would be the first day a day as a day of unemployment on the of a registration period in a benefit year basis of a registration made with respect in which (1) the employee is not e thereto may, in the absence of fraud, be qualified employee under section 3 of withdrawn by the employee's (1) striking

the Railroad Unemployment Insurance out his signature for such day on the

Act, or (2) benefits have already been registration and claim form, or (2) noti

payable to him for 130 days of unem

ployment, or (3) benefits for days of fying the Board in writing that he no

unemployment have already been paylonger wishes to claim such a day as a

able to him in an amount equal to his day of employment on the basis of

compensation in the base year: And such registration.

provided further, That if registration is [Board Order 44–78, 9 F.R. 3192, Mar. 24, made with respect to any day, and the 1944)

claim to such day as a day of unemploy

ment on the basis of such registration § 325.11 Designation of unemployment

is not withdrawn, nothing done subseclaims agents and free employment

quent to such registration, except reoffices.

registration under $325.50, shall be Each employee of an employer, se- deemed registration with respect to such lected by it under an agreement be- day: And provided further, That if, at tween such employer and the Board the time of establishment of an extended entered into pursuant to section 12 (h) benefit period, it is apparent that beof the Railroad Unemployment Insur- ginning the extended benefit period with ance Act, to take registrations of unem- a particular day would clearly be to the ployed employees, and each other person employee's disadvantage, no registration designated by the Board, or pursuant to shall be deemed to have been made with authority conferred by the Board, to take respect to such day. registrations of unemployed employees, (b) Information required by registrais an unemployment claims agent. Each tion and claim form. Upon making regoffice or other facility selected by an un- istration, an employee shall furnish the employment claims agent for the regis- information required by the registration tration of unemployed employees is and claim form provided by the Board. designated a "free employment ofice." Until the information required by the Each employment service office main- registration and claim form with respect tained by a State or by the Federal to any day shall have been received in Government is designated a "free em- the office of the Board in which the ployment office" for the purpose of sec

claims of the employee are being ad

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judicated, such day shall not be consid- making reasonable efforts, he was unable ered as a day of unemployment with re- to find an unemployment claims agent to spect to such employee.

take his registration, or because an un(c) Day of registration. (1) Regis- employment claims agent at an employtration with respect to any day shall be ment office where such employee would made on such day or on any day not otherwise have registered was not ready later than the sixth calendar day there- and willing to take his registration, or after, except that, if such sixth calendar because such employee was given misday is not a business day, the employee information by an unemployment claims may make his registration on the next agent, a countersigning agent, the superfollowing business day. For the purpose visor of such claims agent or counterof this paragraph the term "business signing agent, a railway labor organizaday" means any day which is not a tion official, or an employee of the Board, Saturday or Sunday, which is not a day such employee may register with respect generally observed as a holiday in the to such day at any time within one year locality in which the employee registers of such day, and shall submit to an unfor such day, and which is not a holiday employment claims agent, to a duly auat the employment office at which the thorized field representative of the employee regis rs for such day.

Board, or to an office of the Board, a (2) Notwithstanding the provisions of written statement explaining why he did subparagraph (1) of this paragraph, the not register with respect to such day Board may require that registration by within the time specified. certain employees or classes of employees (5) If an employee of an employer with respect to any day be made on that which does not comply with the providay. Further, if the Director of Unem- sions of the act and denies that it is an ployment and Sickness Insurance de- employer or denies that it is the emtermines that the circumstances of a ployer of such employee is not permitted strike or large-scale layoff warrant regis- by a State unemployment compensation tration later than the time prescribed in agency to register in accordance with subparagraph (1) of this paragraph, the requirements of the unemployment registration with respect to a day on compensation law of such State for any which the employee was unemployed be- period which includes a day occurring cause of the strike or layoff may be made while such employer fails to comply with in accordance with instructions issued by the provisions of the act, he may registhe Director.

ter with respect to such day at any time (3) If an employee does not register within 1 year of such day. with respect to any day within the time (6) If an employee registers in acspecified in this paragraph, because of cordance with the requirements of a his being in transit to or from a job, or State unemployment compensation law his being held over or lying over after for any period beginning on or after completing a job in anticipation of a

July 1, 1945, and is thereafter informed possible call for other work, or his being by the unemployment compensation employed, or his being sick, or his com- agency of such State that he is not eliplying with instructions from the Board gible for benefits, he may register with to apply for work, or because of any respect to any day in such period at any other circumstance or condition directly

time within 1 year of such day. affecting him and not attributable to any (7) Registration with respect to any lack of diligence on his part, he may day before May 19, 1959, for which the register with respect to such day on any employee would not have been entitled day within six months of such day and to unemployment benefits except for the not later than the tenth business day amendments to the Railroad Unemployafter such circumstance or condition is ment Insurance Act made by Public Law removed, and shall submit to an un- 86–28, 73 Stat. 25, or except for the proemployment claims agent, to a duly au- visions of section 303(b) of Public Law thorized field representative of the 86–28, 73 Stat. 31, may be made at any Board, or to an office of the Board, a time before May 19, 1960. written statement explaining why he (8) If an employee, because of a cirdid not register with respect to such day cumstance or condition directly affecting within the time specified.

him and not attributable to any lack of (4) If an employee does not register diligence on his part, does not register with respect to any day within the time within the time hereinabove specified specified in this paragraph, because, after with respect to any day in the benefit years beginning July 1, 1957, July 1, 1958, application for unemployment benefits, July 1, 1959, or July 1, 1960, for which he furnish the information required by would not have been entitled to unem- such form, and shall deliver such form ployment benefits except for the amend- to an unemployment claims agent or ments to the Railroad Unemployment mail it to an office of the Board. Within Insurance Act made by Public Law 86-28, 2 business days after such first registra73 Stat. 25, or except for the provisions tion, the employee shall, on the form of section 303(b) of Public Law 86–28, provided by the Board for making appli73 Stat, 31, such employee may register cation for employment service, furnish with respect to such day within a reason- the information required by such form able time after the circumstance or con- and shall deliver such form to an unemdition which had prevented timely regis- ployment claims agent or mail it to an tration is removed, but not later than

office of the Board. No benefits shall be May 18, 1963.

paid the employee on the basis of regis(d) Hour of registration. Registra

trations in such benefit year until the tion shall be made during the unemploy

application for unemployment benefits, ment claims agent's working hours. The

and the information required thereby, Board may require that registration by

shall have been received in the office of certain employees or classes of employees

the Board in which the claims of such with respect to any day shall be made at

employee are being adjudicated, and a designated hour. If an employee does

until there shall have been received in not register with respect to any day at

such office either the application for the designated hour, because of his be

employment service and the information ing in transit to or from a job, or his be

required thereby, or notification that ing held over or lying over after com

such application and information have pleting a job in anticipation of a possible

been received in another office of the call for other work, or his being em

Board. The provisions of this section ployed, or his being sick, or his comply

shall not apply to employees unemployed ing with instructions from the Board to

because of a strike or a large-scale layoff apply for work, or because of any other

if the Director of Unemployment and circumstance or condition directly af

Sickness Insurance determines that comfecting him and not attributable to any lack of diligence on his part, he may

pletion of an application for unemployregister with respect to such day at any

ment benefits or an application for other hour during the unemployment

employment service is not necessary, and claims agent's working hours within the

issues instructions to that effect. time specified in paragraph (c), of this

(Board Order 67–101, 32 F.R. 18862, Oct. 5, section, and shall submit to an unem

1967] ployment claims agent, to a duly author- & 325.15 Signature of claims agent. ized field representative of the Board,

Upon taking the registration of an emor to an ofice of the Board, a written ployee for a particular day or days, the statement explaining why he did not unemployment claims agent shall sign register with respect to such day at the as witness to the employee's signature. designated hour.

If the unemployment claims agent has (Board Order 44–78, 9 F.R. 3192, Mar. 24,

information indicating that an em1944, as amended by Board Order 46–392, ployee's registration for a particular day 11 F.R. 11769, Oct. 10, 1946; Board Order or days may be invalid, he shall report 49-292, 14 F.R. 6240, Aug. 24, 1949; Board such information in writing to the Board. Order 51–180, 16 F.R. 6504, July 4, 1951;

(Board Order 56-100, 21 F. R. 2918, May 8, Board Order 56-100, 21 F.R. 2918, May 3,

1956) 1956; Board Order 59-181, 24 F.R. 5019, June 20, 1959; Board Order 60–120, 25 F.R. 8863, § 325.18 Registration in Alaska. Sept. 15, 1960; Board Order 61-50, 26 F.R. 3607, Apr. 27, 1961; Board Order 62–84, 27

Nothing provided in 8 325.12 shall F.R. 6605, July 12, 1962; Board Order 67–101,

apply to employees registering in Alaska, 32 F.R. 18862, Oct. 5, 1967]

but such employee shall register for each

day of unemployment with the Alaska 8 325.13 Applications for unemploy. ment

Department of Labor, or persons desigbenefits and employment

nated by it as agents for this purpose, as service.

required by such Department under Upon making his first registration in arrangements with the Board. a benefit year, an employee shall, on the (Board Order 68–72, 33 F.R. 11115, Aug. 6, form provided by the Board for making 1968]

$325.25 Registration period.

calendar day on which he is. available

for work • • (Section 1 (b) of the act.) (a) First day. Except for registration ... The Board shall prescribe a properiods in extended unemployment bene- cedure for registration of unemployed fit periods, the first day of a registration employees at employment offices. Such properiod with respect to any employee is cedure for registration shall be prescribed the first day for which he registers, and

with a view to such registration affording

substantial evidence of the days of unemthereafter the first day for which he

ployment of the employees who register. next registers after the last day of his

The Board may, when such registration is last preceding registration period.

made personally by an employee, accept such (b) Last day. Except for registration registration as initial proof of unemployment periods in extended unemployment bene- sufficient to certify for payment a claim for fit periods, the last day of a registration benefits. (Section 12 (1) of the act.) period with respect to any employee shall

§ 327.5 Meaning of "available for be initially determined to be the 13th

work”. day after the first day of such registration period, subject to redeterinination

(a) General definition. A claimant for as the day immediately preceding the

unemployment benefits is available for first day, not later than such 13th day,

work if he is willing and ready to work. for which he registers at an employment

(b) Willing to work. A claimant is office other than the one at which he

willing to work if he is willing to accept registered for the first day of such reg

and perform for hire such work as is istration period.

reasonably appropriate to his circum

stances in view of factors such as: (c) Extended benefit period. Each of

(1) The current practices recognized the successive 14-day periods in an

by management and labor with respect extended unemployment benefit period

to such work; shall constitute a registration period.

(2) The degree of risk involved to the [Board Order 68–72, 33 F.R. 11115, Aug. 6,

claimant's health, safety, and morals; 1968]

(3) His physical fitness and prior $325.50 Lost or destroyed forms.

training; If it appears that a registration and

(4) His experience and prior earn. claim form on which an employee regis

ings; tered for a particular day or days has

(5) His length of unemployment and been lost or destroyed, and if it is estab

prospects for obtaining work; and

(6) The distance of the work from lished, by clear and convincing evidence, after full and complete investigation,

his residence and from his most recent

work. that the employee in fact registered for such days, the employee may reregister

(c) Ready to work. A claimant is for such days at any time within one

ready to work if he: year of the last of such days.

(1) Is in a position to receive notice (Board Order 56–100, 21 F. R. 2918, May 3,

of work which he is willing to accept and 1956)

perform, and

(2) Is prepared to be present with the PART 327—AVAILABLE FOR WORK

customary equipment at the location

of such work within the time usually Sec.

allotted. 327.1 Statutory provisions. 327.5 Meaning of "available for work”. $ 327.10 Consideration of availability. 327.10 Consideration of availability.

(a) Initial proof. When a claimant 327.15 Reasonable efforts to obtain work. 327.20 Training pursuant to Public Law

has complied with the provisions of 87-415.

Part 325 of this chapter, he shall ini

tially be considered available for work. AUTHORITY: The provisions of this part 827 issued under sec. 12, 52 Stat. 1107, as

(b) Information indicating unavailamended; 45 U.S.C. 362.

ability. If the office of the Board which

is adjudicating a claimant's claims for SOURCE: The provisions of this Part 327

benefits receives information indicating contained in Board Order 63–296, 18 F.R. 8167, Dec. 12, 1953, unless otherwise noted.

that the claimant may not be available

for work, he shall be required to submit § 327.1 Statutory provisions.

evidence of his availability for work, and Subject to the provisions of section 4 of no benefits shall thereafter be paid with this Act, .. & day of unemployment, respect to any day in the period of the with respect to any employee, means claimant's unemployment unless suficient evidence of the claimant's avail- (4) Responding to appropriate "want ability for work on such day is pre- ads” for work which appears suitable for sented.

him; (c) Employee who has retired volun- (5) Actively prosecuting his claim for tarily. An employee who has retired reinstatement in his former work; voluntarily shall be presumed not to be (6) Any other action reasonably dieligible for unemployment benefits. An rected toward obtaining work. employee shall be regarded as having

& 327.20 Training pursuant to Public retired voluntarily if his not being in the

Law 87-415. active service of his employer is due to

A claimant shall not be deemed to be an agreement between his labor organization and his employer requiring retire

not available for work by reason of his ment upon attaining a certain age.

taking training pursuant to the provi(Board Order 53–296, 18 F.R. 8157, as amend

sions of the Manpower Development and ed by Board Order 55–30, 20 FR. 1016, Feb. Training Act of 1962 (Public Law 8717, 1955)

415). $ 327.15 Reasonable efforts to obtain

[Board Order 62–55, 27 F.R. 4879, May 24, work.

1962] (a) Requirement. A claimant may be

PART 330-DETERMINATION OF required at any time to show, as evidence of willingness to work, that he

DAILY BENEFIT RATES

Sec. is making reasonable efforts to obtain work which he professes to be willing

330.1 Statutory provisions.

330.2 Daily rate of compensation. to accept and perform, unless he has

330.3 Last employment in which the emgood prospects of obtaining such work

ployee engaged for an employer in or his circumstances are such that any

the base year. efforts to obtain work other than by 330.4 Information furnished to the Board making application for employment

about daily rate of compensation. service pursuant to § 325.13 of this chap

330.5 Use of daily rate of compensation in ter would be fruitless to the claimant.

determining daily benefit rate. (b) Failure to comply with require- AUTHORITY: The provisions of this Part 330 ment. When the ofice of the Board

issued under sec. 12, 52 Stat. 1107, as amendwhich is adjudicating claims for benefits

ed; 45 U.S.C. 362. bas information that the claimant has SOURCE: The provisions of this Part 380 failed to comply with the requirements

contained in Board Order 59–153, 24 F.R. 12, set forth in paragraph (a) of this sec

Jan. 1, 1959, unless otherwise noted. tion, no benefits shall be paid with re

§ 330.1 Statutory provisions. spect to any days in the period of the

* The benefits payable to any claimant's unemployment unless suficient evidence of the claimant's avail

employee for each * * * day of unemploy

ment or sickness shall be the amount apability for work on such days is presented.

pearing in the following table in column

II on the line on which, in column I, ap(c) What constitutes reasonable ef

pears the compensation range containing forts.” A claimant shall be considered

his total compensation with respect to emas making reasonable efforts to obtain ployment in his base year: work when he takes such steps toward

Column obtaining work as are appropriate to

IIDaily

benefit his circumstances. In determining what Column 1-Total compensation rate steps are appropriate to a claimant's

$1,000 to $1,299.99.

$8.00 circumstances, consideration shall be

$1,300 to $1,599.99.

8. 50 given to actions such as:

$1,600 to $1,899.99.

9.00 (1) Registering with a union hiring

$1,900 to $2,199.99

9.50 or placement facility;

$2,200 to $2,499.99.

10.00 $2,500 to $2,799.99.

10.50 (2) Applying for employment with

$2,800 to $3,099.99.

11.00 former employers;

$3,100 to $3,499.99.

11.50 (3) Making application with employ- $3,500 to $3,999.99.

12.00 ers including individuals and companies $4,000 and over.

12. 70 not covered by the act, who may rea

Provided, however, That if the daily benefit sonably be expected to have openings in rate in column II with respect to any emwork suitable for him;

ployee is less than an amount equal to 60

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