ployment 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 FR 3192, Mar. 24, 1944, as amended by Board Order 46-392, 11 FR 11769, Oct. 10, 1946; Board Order 49292, 14 FR 5240, Aug. 24, 1949; Board Order 51-180, 16 FR 6504, July 4, 1951; Board Order 56-100, 21 FR 2918, May 3, 1956; Board Order 59-131, 24 FR 5019, June 20, 1959; Board Order 60-120, 25 FR 8863, Sept. 15, 1960; Board Order 61-50, 26 FR 3607, Apr. 27, 1961; Board Order 62-84, 27 FR 6605, July 12, 1962; Board Order 67-101, 32 FR 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 registra tions in such benefit year until the ap plication 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 FR 13862, Oct. 5, 1967]

§ 325.15 Signature of claims agent.

Upon taking the registration of an employee for a particular day or days, the unemployment claims agent shall sign as witness to the employee's signature. If the unemployment claims agent has information indicating that an employee's registration for a particular day or days may be invalid, he shall report such information in writing to the Board.

[Board Order 56-100, 21 FR 2918, May 3, 1956]

§ 325.18 Registration in Alaska.

Nothing provided in § 325.12 shall apply to employees registering in Alaska, but such employee shall register for each day of unemployment with the Alaska Department of Labor, or persons designated by it as agents for this purpose, as required by such Department under arrangements with the Board.

[Board Order 68-72, 33 FR 11115, Aug. 6, 1968]

§ 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 redetermination 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 FR 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 FR 2918, May 3, 1956]

* (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(i) of the act.)

§ 327.5 Meaning of "available for work”.

(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

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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 sufficient 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 FR 8157, Dec. 12, 1953, as amended by Board Order 55-30, 20 FR 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 employ ers including individuals and compa nies not covered by the act, who may reasonably be expected to have open ings 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 Pub. L. 87415.

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 (Pub. L. 87415).

[Board Order 62-55, 27 FR 4879, May 24, 1962]

not exceed $24 per day of such unemployment or sickness and that for registration periods beginning after June 30, 1976, such amount shall not exceed $25 per day of such unemployment or sickness. The daily rate of compensation referred to in this paragraph shall be determined by the Board on the basis of information furnished to the Board by the employee, his employer, or both. *** (Section 2(a), Railroad Unemployment Insurance Act, as amended August 9, 1975.) [40 FR 50257, Oct. 29, 1975]

§ 330.2 Daily rate of compensation.

The employee's daily rate of compensation includes his straight-time rate and any cost-of-living allowance provided in the applicable working agreement, and excludes any overtime, penalty payment, or other special allowance except as hereinafter provided. Where a daily pay rate is reported, it shall, in the absence of information to the contrary, and subject to the considerations set forth in this section and in §§ 330.3, 330.4 and 330.5, be considered to show the daily rate of compensation of the employee by or for whom the report has been furnished. If there is information that the reported daily pay rate fails to show the employee's daily rate of compensation, proper action shall be taken to determine such daily rate of compensation. Where a rate other than a daily rate is reported, it shall be converted to a daily rate as follows:

(a) Hourly, weekly or monthly rate. An hourly rate shall be converted to a daily rate by multiplying such hourly rate by the number of hours constituting a working day for the employee's occupation or class of service. A weekly or monthly rate shall be converted to a daily rate by dividing such rate by the number of working days constituting the work week or work month, as the case may be, for the employee's occupation or class of service.

(b) Mileage rate. Where a mileage rate is reported, it shall be considered that the employee's daily rate of compensation is his rate of pay for 100 miles or for 150 miles, depending upon his occupation and class of service, including any allowance per 100 miles or per 150 miles which is added to his basic rate per 100 miles or per 150 miles.

(c) Piece rate or tonnage rate. Where a piece rate or tonnage rate is reported, the daily rate of compensation shall be determined by computing the employee's average earnings per day for the days on which he worked substantially full time (excluding any overtime or penalty rates) at such piece rate or tonnage rate during the last two pay periods in which he engaged in such work in the base year.

(d) Commissions or percentage of sales. Where the compensation reported consists of or includes commissions or percentage of sales, the daily rate of such commissions or percentage of sales shall be determined by computing the employee's average net commission or percentage earnings (exclusive of any amounts he received to compensate him for expenses) per day for the days in the last two pay periods in which he worked on a commission or percentage basis in the base year.

(e) International service. In the case of an employee who, on his last day of employment in the base year, worked partly outside the United States and partly in the United States for an employer which does not conduct the principal part of its business in the United States, the daily rate of compensation shall be determined in the same manner as it would if all his service on that day had been rendered in the United States.

[Board Order 59-153, 24 FR 12, Jan. 1, 1959, as amended by Board Order 60-14, 25 FR 1677, Feb. 26, 1960]

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

"The employee's last employment in which he engaged for an employer in the base year," means generally the employee's last "service performed as an employee" within the meaning of section 1(g) of the Act: Provided however, That, if an employee actually performed no service as an employee in the base year, but received qualifying compensation, such as vacation pay or pay for time lost, for days in such base year, it shall be considered that the last employment in which he engaged for an employer in the base year was the employment on which

the qualifying base year compensation was based; and the daily rate of such compensation shall be deemed to be the employee's daily rate of compensation for purposes of determining his daily benefit rate: And provided further, That if an employee's last service performed as an employee in the base year was casual or temporary work, performed while he was on furlough from other employment in which he engaged in the base year, a report of the employee's last rate of pay in the base year for such other employment may be used to determine his daily benefit rate.

§ 330.4 Information

furnished to the Board about daily rate of compensation. Each employee applying for benefits shall be afforded an opportunity to furnish, on a pay rate report form provided by the Board, information to show the daily rate of his compensation for the last employment in which he engaged for an employer in the base year. Arrangements shall be made for employers to furnish information to Board offices with respect to pay rates. Such arrangements may include, but need not be limited to, (a) arranging for unemployment claims agents or other employer officials to verify or correct, to the extent practicable, employees' pay rate reports before such reports are forwarded to the Board, (b) sending to the appropriate employers for verification or correction pay rate reports furnished by employees applying for benefits, and (c) arranging for employers to furnish information as to established rates of pay. For purposes of paragraph (a) of § 330.5, the Board shall compile a table of pay rate ranges by occupation by employer for information furnished by employers in verifying or correcting pay rate reports submitted by employees.

[40 FR 50257, Oct. 29, 1975]

§ 330.5 Use of daily rate of compensation in determining daily benefit rate. (a) Initial determination. The daily benefit rate shall be 60 percent of the employee's daily rate (up to $40.00 in base year 1974; up to $41.66 in later base years) of compensation for the

last employment in which he engaged for an employer in the base year, but not less than $12.70. Pending submission of a pay rate report by the employee, the daily benefit rate shall be $12.70. The office processing the employee's application for benefits shall use the information furnished on a verified or corrected pay rate report or on an unverified and uncorrected pay rate report, provided there is information, including information supplied by employers, sufficient to give reasonable assurance of the correctness of a daily benefit rate based on such pay rate report. If the office processing the application for benefits of an employee whose pay rate report has not been verified or corrected does not have information sufficient to give reasonable assurance of the correctness of a daily benefit rate based on the report, the daily benefit rate shall be $12.70 until (1) the report is verified or corrected or (2) a period of 30 days has elapsed with no verification or correction of the report, whichever first occurs. After a period of 30 days has elapsed with no verification or correction of the report, the processing office shall assign a daily benefit rate based on pay rates supplied by the employer for other employees in the employee's occupation. In the case where the employer has not supplied a rate for the employee's occupation, the processing office shall assign a daily benefit rate based on rates reported for the employee's occupation by other employers. The processing office shall take appropriate follow-up action to secure verification or correction of the report.

(b) Redetermination. When an unverified and uncorrected pay rate report has been verified or corrected, appropriate redetermination of the daily benefit rate shall be made, and such redetermined benefit rate shall be applied to all of the employee's days of unemployment or sickness in the benefit year, provided, however, that with respect to registration periods beginning after June 30, 1975, and before July 1, 1976, the daily benefit rate (determined in the manner prescribed in paragraph (a) of this section) shall be 60 percent of the employee's last daily rate up to $40.00 of