to 50 per centum of the total amount of unemployment benefits which were payable to him in the benefit year in which he last exhausted his rights before making his first claim under this Act, which occur in registration periods, as defined in the Railroad Unemployment Insurance Act, beginning on or after [April 8, 1961] the fifteenth day after the date of enactment of the Temporary Extended Unemployment Compensation Act of 1961, and before April 1, 1962, and which would not be days with respect to which he would be held entitled otherwise to receive unemployment benefits under the Railroad Unemployment Insurance Act * [Board Order 56-100, 21 F.R. 2918, May 8, 1956, as amended by Board Order 59-131, 24 F.R. 5018, June 20, 1959; Board Order 61-50, 26 F.R. 3607, Apr. 27, 1961; Board Order 68–72, 33 F.R. 11114, Aug. 6, 1968]

§ 325.5 Claim and withdrawal of claim. (a) Claim. An employee shall claim a day as a day of unemployment by making registration with respect to such day.

(b) Withdrawal of claim. A claim to a day as a day of unemployment on the basis of a registration made with respect thereto may, in the absence of fraud, be withdrawn by the employee's (1) striking out his signature for such day on the registration and claim form, or (2) notifying the Board in writing that he no longer wishes to claim such a day as a day of employment on the basis of such registration.

[Board Order 44-78, 9 F.R. 3192, Mar. 24, 1944]

§ 325.11

Designation of unemployment claims agents and free employment offices.

Each employee of an employer, selected by it under an agreement between such employer and the Board entered into pursuant to section 12 (h) of the Railroad Unemployment Insurance Act, to take registrations of unemployed employees, and each other person designated by the Board, or pursuant to authority conferred by the Board, to take registrations of unemployed employees, is an unemployment claims agent. Each office or other facility selected by an unemployment claims agent for the registration of unemployed employees is designated a "free employment office." Each employment service office maintained by a State or by the Federal Government is designated a "free employment office" for the purpose of sec

Regis

(a) Method of registration. tration with respect to any day shall be made by the employee's appearing before an unemployment claims agent at a free employment office during such agent's working hours and claiming the day by signing for it on the registration and claim form provided by the Board: Provided, however, That, except for registrations for benefits in extended benefit periods, for benefits provided in section 303(b), Public Law 86-28, 73 Stat. 31, and for benefits provided in the Temporary Extended Railroad Unemployment Insurance Benefits Act of 1961, no registration shall be deemed to have been made with respect to any day which, if registration were made with respect to it, would be the first day of a registration period in a benefit year in which (1) the employee is not a qualified employee under section 3 of the Railroad Unemployment Insurance Act, or (2) benefits have already been payable to him for 130 days of unemployment, or (3) benefits for days of unemployment have already been payable to him in an amount equal to his compensation in the base year: And provided further, That if registration is made with respect to any day, and the claim to such day as a day of unemployment on the basis of such registration is not withdrawn, nothing done subsequent to such registration, except reregistration under § 325.50, shall be deemed registration with respect to such day: And provided further, That if, at the time of establishment of an extended benefit period, it is apparent that beginning the extended benefit period with a particular day would clearly be to the employee's disadvantage, no registration shall be deemed to have been made with respect to such day.

(b) Information required by registration and claim form. Upon making registration, an employee shall furnish the information required by the registration and claim form provided by the Board. Until the information required by the registration and claim form with respect to any day shall have been received in the office of the Board in which the claims of the employee are being ad

judicated, such day shall not be considered as a day of unemployment with respect to such employee.

(1) Regis

(c) Day of registration. tration with respect to any day shall be made on such day or on any day not later than the sixth calendar day thereafter, except that, if such sixth calendar day is not a business day, the employee may make his registration on the next following business day. For the purpose of this paragraph the term "business day" means any day which is not a Saturday or Sunday, which is not a day generally observed as a holiday in the locality in which the employee registers for such day, and which is not a holiday at the employment office at which the employee registers for such day.

(2) Notwithstanding the provisions of subparagraph (1) of this paragraph, the Board may require that registration by certain employees or classes of employees with respect to any day be made on that day. Further, if the Director of Unemployment and Sickness Insurance determines that the circumstances of a strike or large-scale layoff warrant registration later than the time prescribed in subparagraph (1) of this paragraph, registration with respect to a day on which the employee was unemployed because of the strike or layoff may be made in accordance with instructions issued by the Director.

(3) If an employee does not register with respect to any day within the time specified in this paragraph, because of his being in transit to or from a job, or his being held over or lying over after completing a job in anticipation of a possible call for other work, or his being employed, or his being sick, or his complying with instructions from the Board to apply for work, or because of any other circumstance or condition directly affecting him and not attributable to any lack of diligence on his part, he may register with respect to such day on any day within six months of such day and not later than the tenth business day after such circumstance or condition is removed, and shall submit to an unemployment claims agent, to a duly authorized field representative of the Board, or to an office of the Board, a written statement explaining why he did not register with respect to such day within the time specified.

(4) If an employee does not register with respect to any day within the time specified in this paragraph, because, after

making reasonable efforts, he was unable to find an unemployment claims agent to take his registration, or because an unemployment claims agent at an employment office where such employee would otherwise have registered was not ready and willing to take his registration, or because such employee was given misinformation by an unemployment claims agent, a countersigning agent, the supervisor of such claims agent or countersigning agent, a railway labor organization official, or an employee of the Board, such employee may register with respect to such day at any time within one year of such day, and shall submit to an unemployment claims agent, to a duly authorized field representative of the Board, or to an office of the Board, a written statement explaining why he did not register with respect to such day within the time specified.

(5) If an employee of an employer which does not comply with the provisions of the act and denies that it is an employer or denies that it is the employer of such employee is not permitted by a State unemployment compensation agency to register in accordance with the requirements of the unemployment compensation law of such State for any period which includes a day occurring while such employer fails to comply with the provisions of the act, he may register with respect to such day at any time within 1 year of such day.

(6) If an employee registers in accordance with the requirements of a State unemployment compensation law for any period beginning on or after July 1, 1945, and is thereafter informed by the unemployment compensation agency of such State that he is not eligible for benefits, he may register with respect to any day in such period at any time within 1 year of such day.

(7) Registration with respect to any day before May 19, 1959, for which the employee would not have been entitled to unemployment benefits except for the amendments to the Railroad Unemployment Insurance Act made by Public Law 86-28, 73 Stat. 25, or except for the provisions of section 303(b) of Public Law 86-28, 73 Stat. 31, may be made at any time before May 19, 1960.

(8) If an employee, because of a circumstance or condition directly affecting him and not attributable to any lack of diligence on his part, does not register within the time hereinabove specified with respect to any day in the benefit

years beginning July 1, 1957, July 1, 1958, July 1, 1959, or July 1, 1960, for which he would not have been entitled to unemployment benefits except for the amendments to the Railroad Unemployment Insurance Act made by Public Law 86--28, 73 Stat. 25, or except for the provisions of section 303 (b) of Public Law 86-28, 73 Stat, 31, such employee may register with respect to such day within a reasonable time after the circumstance or condition which had prevented timely registration is removed, but not later than May 18, 1963.

(d) Hour of registration. Registration shall be made during the unemployment claims agent's working hours. The Board may require that registration by certain employees or classes of employees with respect to any day shall be made at a designated hour. If an employee does not register with respect to any day at the designated hour, because of his being in transit to or from a job, or his being held over or lying over after completing a job in anticipation of a possible call for other work, or his being employed, or his being sick, or his complying with instructions from the Board to apply for work, or because of any other circumstance or condition directly affecting him and not attributable to any lack of diligence on his part, he may register with respect to such day at any other hour during the unemployment claims agent's working hours within the time specified in paragraph (c), of this section, and shall submit to an unemployment claims agent, to a duly authorized field representative of the Board, or to an office of the Board, a written statement explaining why he did not register with respect to such day at the designated hour.

[Board Order 44-78, 9 F.R. 3192, Mar. 24, 1944, as amended by Board Order 46-392, 11 F.R. 11769, Oct. 10, 1946; Board Order 49-292, 14 F.R. 5240, Aug. 24, 1949; Board Order 51-180, 16 F.R. 6504, July 4, 1951; Board Order 56-100, 21 F.R. 2918, May 3, 1956; Board Order 59-181, 24 F.R. 5019, June 20, 1959; Board Order 60-120, 25 F.R. 8863, Sept. 15, 1960; Board Order 61-50, 26 F.R. 3607, Apr. 27, 1961; Board Order 62-84, 27 F.R. 6605, July 12, 1962; Board Order 67-101, 32 F.R. 13862, Oct. 5, 1967]

§ 325.13 Applications for unemployment benefits and employment

service.

Upon making his first registration in a benefit year, an employee shall, on the form provided by the Board for making

application for unemployment benefits, furnish the information required by such form, and shall deliver such form to an unemployment claims agent or mail it to an office of the Board. Within 2 business days after such first registration, the employee shall, on the form provided by the Board for making application for employment service, furnish the information required by such form and shall deliver such form to an unemployment claims agent or mail it to an office of the Board. No benefits shall be paid the employee on the basis of registrations in such benefit year until the application for unemployment benefits, and the information required thereby, shall have been received in the office of the Board in which the claims of such employee are being adjudicated, and until there shall have been received in such office either the application for employment service and the information required thereby, or notification that such application and information have been received in another office of the Board. The provisions of this section shall not apply to employees unemployed because of a strike or a large-scale layoff if the Director of Unemployment and Sickness Insurance determines that completion of an application for unemployment benefits or an application for employment service is not necessary, and issues instructions to that effect. [Board Order 67-101, 32 F.R. 13862, Oct. 5, 1967]

§ 325.25 Registration period.

(a) First day. Except for registration periods in extended unemployment benefit periods, the first day of a registration period with respect to any employee is the first day for which he registers, and thereafter the first day for which he next registers after the last day of his last preceding registration period.

(b) Last day. Except for registration periods in extended unemployment benefit periods, the last day of a registration period with respect to any employee shall be initially determined to be the 13th day after the first day of such registration period, subject to redeterinination as the day immediately preceding the first day, not later than such 13th day, for which he registers at an employment office other than the one at which he registered for the first day of such registration period.

(c) Extended benefit period. Each of the successive 14-day periods in an extended unemployment benefit period shall constitute a registration period. [Board Order 68-72, 33 F.R. 11115, Aug. 6, 1968]

§ 325.50 Lost or destroyed forms.

If it appears that a registration and claim form on which an employee registered for a particular day or days has been lost or destroyed, and if it is established, by clear and convincing evidence, after full and complete investigation, that the employee in fact registered for such days, the employee may reregister for such days at any time within one year of the last of such days.

[Board Order 56-100, 21 F. R. 2918, May 3, 1956]

PART 327-AVAILABLE FOR WORK Sec. 827.1

Statutory provisions.

327.5 Meaning of "available for work". 327.10 Consideration of availability. 827.15 Reasonable efforts to obtain work. 327.20 Training pursuant to Public Law 87-415.

AUTHORITY: The provisions of this Part 327 issued under sec. 12, 52 Stat. 1107, as amended; 45 U.S.C. 362.

SOURCE: The provisions of this Part 327 contained in Board Order 53-296, 18 FR. 8157, Dec. 12, 1953, unless otherwise noted. § 327.1 Statutory provisions.

Subject to the provisions of section 4 of this Act, · * a day of unemployment, with respect to any employee, means 8

for work. • (Section 1 (k) of the act.) ... The Board shall prescribe a procedure for registration of unemployed employees at employment offices. Such procedure for registration shall be prescribed with a view to such registration affording substantial evidence of the days of unemployment of the employees who register. The Board may, when such registration is made personally by an employee, accept such registration as initial proof of unemployment sufficient to certify for payment a claim for benefits. (Section 12 (1) of the act.)

§ 327.5 Meaning of work".

"available for

(a) General definition. A claimant for unemployment benefits is available for work if he is willing and ready to work.

(b) Willing to work. A claimant is willing to work if he is willing to accept and perform for hire such work as is reasonably appropriate to his circumstances in view of factors such as:

(1) The current practices recognized by management and labor with respect to such work;

(2) The degree of risk involved to the claimant's health, safety, and morals; (3) His physical fitness and prior training;

(4) His experience and prior earnings;

(5) His length of unemployment and prospects for obtaining work; and

(6) The distance of the work from his residence and from his most recent work.

(c) Ready to work. A claimant is ready to work if he:

(1) Is in a position to receive notice of work which he is willing to accept and perform, and

(2) Is prepared to be present with the customary equipment at the location of such work within the time usually allotted.

§ 327.10 Consideration of availability.

(a) Initial proof. When a claimant has complied with the provisions of Part 325 of this chapter, he shall initially be considered available for work.

(b) Information indicating unavailability. If the office of the Board which is adjudicating a claimant's claims for benefits receives information indicating that the claimant may not be available for work, he shall be required to submit evidence of his availability for work, and no benefits shall thereafter be paid with respect to any day in the period of the claimant's unemployment unless suffi

cient evidence of the claimant's availability for work on such day is presented.

(c) Employee who has retired voluntarily. An employee who has retired voluntarily shall be presumed not to be eligible for unemployment benefits. An employee shall be regarded as having retired voluntarily if his not being in the active service of his employer is due to an agreement between his labor organization and his employer requiring retirement upon attaining a certain age. [Board Order 53–296, 18 F.R. 8157, as amended by Board Order 55-30, 20 F.R. 1015, Feb. 17, 1955]

(a) Requirement. A claimant may be required at any time to show, as evidence of willingness to work, that he is making reasonable efforts to obtain work which he professes to be willing to accept and perform, unless he has good prospects of obtaining such work or his circumstances are such that any efforts to obtain work other than by making application for employment service pursuant to § 325.13 of this chapter would be fruitless to the claimant.

(b) Failure to comply with requirement. When the office of the Board which is adjudicating claims for benefits has information that the claimant has failed to comply with the requirements set forth in paragraph (a) of this section, no benefits shall be paid with respect to any days in the period of the claimant's unemployment unless sufficient evidence of the claimant's availability for work on such days is presented.

(c) "What constitutes reasonable efforts." A claimant shall be considered as making reasonable efforts to obtain work when he takes such steps toward obtaining work as are appropriate to his circumstances. In determining what steps are appropriate to a claimant's circumstances, consideration shall be given to actions such as:

(1) Registering with a union hiring or placement facility;

(2) Applying for employment with former employers;

(3) Making application with employers including individuals and companies not covered by the act, who may reasonably be expected to have openings in work suitable for him;

(4) Responding to appropriate "want ads" for work which appears suitable for him;

(5) Actively prosecuting his claim for reinstatement in his former work;

(6) Any other action reasonably directed toward obtaining work.

§ 327.20 Training pursuant to Public Law 87-415.

A claimant shall not be deemed to be not available for work by reason of his taking training pursuant to the provisions of the Manpower Development and Training Act of 1962 (Public Law 87415).

[Board Order 62-55, 27 F.R. 4879, May 24, 1962]

PART 330-DETERMINATION OF DAILY BENEFIT RATES

Sec.

330.1

330.2 330.3

330.5

Statutory provisions.

Daily rate of compensation.

Last employment in which the employee engaged for an employer in the base year.

330.4 Information furnished to the Board about daily rate of compensation. Use of daily rate of compensation in determining daily benefit rate. AUTHORITY: The provisions of this Part 330 issued under sec. 12, 52 Stat. 1107, as amended; 45 U.S.C. 362.

SOURCE: The provisions of this Part 380 contained in Board Order 59-153, 24 F.R. 12, Jan. 1, 1959, unless otherwise noted. § 330.1 Statutory provisions.