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 FR. 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 59-131, 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] (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] calendar day on which he is • available 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 "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 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 suff 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] 330.1 330.2 330.3 330.4 330.5 Statutory provisions. Daily rate of compensation. Last employment in which the employee engaged for an employer in the base year. 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 330 contained in Board Order 59-153, 24 F.R. 12, Jan. 1, 1959, unless otherwise noted. § 330.1 Statutory provisions. * The benefits payable to any • employee for each * * day of unemployment or sickness shall be the amount appearing in the following table in column II on the line on which, in column I, appears the compensation range containing his total compensation with respect to employment in his base year: Column I-Total compensation $1,000 to $1,299.99_. $1,300 to $1,599.99. $1,600 to $1,899.99. $1,900 to $2,199.99. $2,200 to $2,499.99$2,500 to $2,799.99. $2,800 to $3,099.99. $3,100 to $3,499.99. $3,500 to $3,999.99. $4,000 and over.. Column II-Daily benefit rate $8.00 8.50 9.00 9.50 10.00 10.50 11.00 11.50 12.00 12.70 Provided, however, That if the daily benefit rate in column II with respect to any employee is less than an amount equal to 60 [Board Order 68-72, 33 F.R. 11115, Aug. 6, 1968] § 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 F.R. 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, who is not otherwise entitled to the maximum daily benefit rate, shall be afforded an opportunity to furnish, on a 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. [Board Order 62-39, 27 F.R. 8737, Apr. 19, 1962] § 330.5 Use of daily rate of compensation in determining daily benefit rate. (a) Initial determination. If the daily benefit rate specified in section 2(a) of the Act for the amount of the employee's base year compensation is less than the maximum daily benefit rate, it shall be compared to 60 percent of the daily rate (up to $21.16) of his compensation for the last employment in which he engaged for an employer in the base year; and whichever is the greater shall be established as the employee's daily benefit rate for the benefit year. For this purpose, the office processing the employee's application for benefits may use the information furnished (1) on a verified or corrected pay rate report or (2) 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 185 the correctness of a daily benefit rate based on the report, the daily benefit rate to which the employee's base year compensation entitles him shall be used pending verification or correction of the report. (b) Redetermination. When an unverified and uncorrected pay rate report has been verified or corrected, in a case in which the daily benefit rate was initially established on the basis of the employee's base year compensation, 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. [Board Order 62-39, 27 F.R. 3737, Apr. 19. 1962, as amended by Board Order 68-72, 83 F.R. 11115, Aug. 6, 1968] PART 332--MILEAGE OR WORK RESTRICTIONS AND STAND-BY OR LAY-OVER RULES Sec. 332.1 Statutory provisions. 332.3 Mileage and work restrictions. 332.4 Restrictions in extra service. 332.5 Equivalent of full-time work. 332.6 Standing by for and laying over between regularly assigned trips or tours of duty. 332.7 Consideration of evidence. AUTHORITY: The provisions of this Part 832 issued under sec. 12, 52 Stat. 1107, as amended; 45 U.S.C. 362. SOURCE: The provisions of this Part 332 contained in Board Order 59-95, 24 F.R. 3372, Apr. 30, 1959, unless otherwise noted. § 332.1 Statutory provisions. (1) 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 *** no remuneration is payable or accrues to him *** and (2) a "day of sickness", with respect to any employee, means a calendar day on which because of any physical, mental, psychological, or nervous injury, illness, sickness, or disease he is not able to work, or, with respect to a female employee, a calendar day on which, because of pregnancy, miscarriage, or the birth of a child, (1) she is unable to work or (ii) working would be inJurious to her health, and with respect to which ** no remuneration is payable or accrues to him *** Provided, further, That any calendar day on which no remuneration is payable to or accrues to an employee solely because of the application to him of mileage or work restrictions agreed upon in |