he did not work on any day claimed and did not receive income such as vacation pay or pay for time lost for any day claimed on such form shall constitute sufficient evidence that no remuneration is payable or has accrued to him with respect to such day, unless there is conflicting evidence.

(b) Investigation. When there is a question as to whether or not remuneration is payable or has accrued to a claimant with respect to a claimed day or days, investigation shall be made with a view to obtaining information sufficient for a finding.

§ 322.5 Payments under vacation agree

ments.

(a) General. In ascertaining the accrual of remuneration under a vacation agreement, consideration shall be given to the applicable agreements and practices, the interpretations of such agreements and practices developed by the parties, and the actions of the parties pursuant thereto. When there is information that an employee has received or is to receive payment under a vacation agreement, such payment shall, in the absence of evidence to the contrary, be considered to be remuneration with respect to the days to which the payment is assigned.

(b) Vacation pay. If an employee takes a vacation in accordance with a vacation agreement, the payment for such vacation shall constitute remuneration with respect to the days in the vacation period for which the payment is made. An employee shall be regarded as taking a vacation when, in accordance with the applicable agreements and practices (1) he is absent from work during a scheduled or assigned vacation period; (2) he is required to take his vacation with pay while he is on furlough; or (3) he chooses to take his vacation with pay while he is unemployed or absent from work due to illness or other personal circumstances.

(c) Pay in lieu of vacation. If a payment in lieu of vacation is made to an employee under a vacation agreement such payment shall not constitute remuneration with respect to any particular day or days. A payment under a vacation agreement shall be regarded as in lieu of vacation if (1) the payment is made at the end of the vacation year to an employee who did not take his vacation during such year; or (2) the payment is made after the employee's

death, or after he ceased service for the purpose of receiving an annuity, and the payment is credited to the employee's last day of service in accordance with § 222.3(h) of this chapter; or (3) it is otherwise established that the parties intended the payment to be in lieu of vacation, without reference to any particular period.

§ 322.6 Pay for time lost.

(a) Payments included. A payment shall be regarded as "pay for time lost" if it is made with respect to an identifiable period of absence from the active service of the person or company making such payment, including absence on account of personal injury. The entire amount of a payment made by an employer with respect to a personal injury shall be deemed to be pay for time lost if such amount includes pay for time lost and is not, at the time of payment, specifically apportioned to factors other than time lost. If an amount paid with respect to personal injury is, at the time of payment, apportioned to factors other than time lost, only that part of the amount not so apportioned shall be deemed to be pay for time lost.

(b) Employment relationship required. Pay for time lost shall not be deemed to have been earned on any day after the day of the employee's resignation or other termination of his employment relationship.

(c) Initial evidence. A report that an employee has received or is to receive pay for time lost shall, in the absence of evidence to the contrary, be considered sufficient for a finding that remuneration is payable with respect to each day in the period to which the pay is assigned.

§ 322.7 Allowances resulting from abandonment or coordination of employer facilities.

(a) Coordination or dismissal allowance. A coordination or dismissal allowance. payable to an employee who is unemployed as a result of an abandonment or coordination, but who does not sever his employment relationship and who remains subject to call, is remuneration with respect to each day in the period for which the allowance is paid. A sepa

(b) Separation allowance. ration allowance, payable to an employee who, in accordance with the applicable agreement, elects to sever his employment relationship and receive a lumpsum settlement in lieu of a coordination

allowance is not remuneration with respect to any day after the employment relationship is severed.

§ 322.3

Miscellaneous income.

(a) Income from self-employment. In determining whether income from self-employment is remuneration with respect to a particular day or particular days, consideration shall be given to whether, and to what extent, (1) such income can be related to services performed on the day or days and (2) the expenses of the self-employment can be attributed to the day or days. from services performed by an individual on a farm which he owns or rents, or in his own mercantile establishment, ordinarily is not remuneration with respect to any day.

Income

(b) Income from investment. Income in the form of interest, dividends, and other returns on invested capital which is not coupled with the rendition of personal services shall not be regarded as remuneration.

(c) Commissions on sales. Commissions on sales shall be regarded as remuneration with respect to the day or days on which sales are made.

(d) Payments for service as a public official. In determining whether income for service as a public official is remuneration and, if so, the particular day or days with respect to which such remuneration is payable or accrues, consideration shall be given to such factors as (1) the amount of the income; (2) the terms and conditions of payment; (3) the character and extent of the services rendered; (4) the importance, prestige, and responsibilities attached to the position; (5) the day or days on which services, or readiness to perform services, are required; and (6) the provisions of the applicable statutes.

(e) Payments to local lodge officials. A payment by a local lodge of a labor organization to an employee for services as a local lodge official shall be regarded as subsidiary remuneration if such payment does not exceed an average of three dollars a day for the period with respect to which it is payable or accrues, unless there is information that the work from which the payment is derived does not require substantially less than full time as determined by generally prevailing standards, or is not susceptible of performance at such times and under such circumstances as not to

Section 12(i) of the Railroad Unemployment Insurance Act (as amended) provides that:

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 1(k) of the Railroad Unemployment Insurance Act (as amended) provides that:

*

a day of unemployment, with respect to any employee, means a calendar day on which he is able to work and is available for work and with respect to which (1) no remuneration is payable or accrues to him, and (ii) he has, in accordance with such regulations as the Board may prescribe, registered at an employment office * Provided, however, That "subsidiary remuneration" as * defined * ** shall not be considered remuneration for the purpose of this subsection except with respect to an employee whose base-year compensation, exclusive of earnings from the position or occupation in which he earned such subsidiary remuneration, is less than $1,000: Provided further, That remuneration for a working day which includes a part of each of 2 consecutive calendar days shall be deemed to have been earned on the first of such 2 days, and any individual who takes work for

such working day shall not by reason thereof be deemed not available for work on the second of such calendar days: Provided, further, That any calendar day on which no remuneration is payble to or accrues to an employee solely because of the application to him of mileage or work restrictions agreed upon in schedule agreements between employers and employees or solely because he is standing by for or laying over between regularly assigned trips or tours of duty shall not be considered * ** a day of unemployment

Section 1 (h) of the Railroad Unemployment Insurance Act, as amended, provides that:

(h) The term "registration period" means, with respect to any employee, the period which begins with the first day for which such employee registers at an employment office in accordance with such regulations as the Board may prescribe, and ends with whichever is the earlier of (1) the thirteenth day thereafter, or (11) the day immediately preceding the day for which he next registers at a different employment office; and thereafter each period which begins with the first day for which he next registers at an employment office after the end of his last preceding registration period which began with a day for which he registered at an employment office and ends with whichever is the earlier of (1) the thirteenth day thereafter, or (ii) the day immediately preceding the day for which he next registers at a different employment office.

If the employee's "years of service" total

10 and less than 15__ 15 and over.

Section 2(c) of the Railroad Unemployment Insurance Act, as amended, provides that:

with respect to an employee who has 10 or more years of service as defined in section 1(f) of the Railroad Retirement Act of 1937, who did not voluntarily retire and (in a case involving exhaustion of rights to benefits for days of unemployment) did not voluntarily leave work without good cause, and who had current rights to normal benefits for days of unemployment or days of sickness in a benefit year but has exhausted such rights, the benefit year in which such rights are exhausted shall be deemed not to be ended until the last day of the extended benefit period determined under the following schedule, and the maximum number of days of, and amount of payment for, unemployment or sickness (depending on the type of benefit rights exhausted) within such benefit year for which benefits may be paid to the employee shall be enlarged to include all compensable days of unemployment or days of sickness, as the case may be, within such extended benefit period:

but no such extended benefit period shall extend beyond the beginning of the first registration period in a benefit year in which the employee is again qualified for benefits in accordance with section 3 of this Act on the basis the of compensation earned after first of such successive 14-day periods has begun.

Section 303(b) of Public Law 86-28, 73 Stat. 31, provides that:

An employee who has less than ten years of service as defined in section 1(f) of the Railroad Retirement Act of 1937, and who has after June 30, 1957, and before April 1, 1959, exhausted (within the meaning prescribed by the Railroad Retirement Board by regulation) his rights to unemployment benefits, shall be paid unemployment benefits for days of unemployment, not exceeding sixty-five, which occur in registration periods beginning on or after June 19, 1958, and before July 1, 1959, and which would not be days with respect to which he would be held entitled otherwise to receive unemploy

ment benefits under the Railroad Unemployment Insurance Act.

Section 2 of the Temporary Extended Railroad Unemployment Insurance Benefits Act of 1961 provides that:

An employee as defined in the Railroad Unemployment Insurance Act who has, after June 30, 1960, and before April 1, 1962, exhausted (within the meaning prescribed by the Railroad Retirement Board by regulation) his right to unemployment benefits under the Railroad Unemployment Insurance Act, shall be paid unemployment benefits in accordance otherwise with the provisions of such Act for days of unemployment, not exceeding sixty-five, and not exceeding in the aggregate, an amount equal

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.

(c) Day of registration. (1) Registration 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