
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC354]

 
                           TITLE 45--RAILROADS
 
               CHAPTER 11--RAILROAD UNEMPLOYMENT INSURANCE
 
Sec. 354. Disqualifying conditions


(a-1) Day of unemployment or day of sickness

    There shall not be considered as a day of unemployment, or as a day 
of sickness, with respect to any employee--
        (i) any of the seventy-five days beginning with the first day of 
    any registration period with respect to which the Board finds that 
    he knowingly made or aided in making or caused to be made any false 
    or fraudulent statement or claim for the purpose of causing benefits 
    to be paid;
        (ii) any day in any period with respect to which the Board finds 
    that he is receiving or will have received annuity payments under 
    the Railroad Retirement Act of 1974 [45 U.S.C. 231 et seq.], or 
    insurance benefits under title II of the Social Security Act [42 
    U.S.C. 401 et seq.], or unemployment, maternity, or sickness 
    benefits under an unemployment, maternity, or sickness compensation 
    law other than this chapter, or any other social-insurance payments 
    under any law: Provided, That if an employee receives or is held 
    entitled to receive any such payments, other than unemployment, 
    maternity, or sickness payments, with respect to any period which 
    include days of unemployment or sickness in a registration period, 
    after benefits under this chapter for such registration period will 
    have been paid, the amount by which such benefits under this chapter 
    will have been increased by including such days as days of 
    unemployment or as days of sickness shall be recoverable by the 
    Board: Provided further, That, if that part of any such payment or 
    payments, other than unemployment, maternity, or sickness payments, 
    which is apportionable to such days of unemployment or days of 
    sickness is less in amount than the benefits under this chapter 
    which, but for this paragraph, would be payable and not recoverable 
    with respect to such days of unemployment or days of sickness, the 
    preceding provisions of this paragraph shall not apply but such 
    benefits under this chapter for such days of unemployment or days of 
    sickness shall be diminished or recoverable in the amount of such 
    part of such other payment or payments;
        (iii) if he is paid a separation allowance, any of the days in 
    the period beginning with the day following his separation from 
    service and continuing for that number of consecutive fourteen-day 
    periods which is equal, or most nearly equal, to the amount of the 
    separation allowance divided (i) by ten times his last daily rate of 
    compensation prior to his separation if he normally works five days 
    a week, (ii) by twelve times such rate if he normally works six days 
    a week, and (iii) by fourteen times such rate if he normally works 
    seven days a week; \1\
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    \1\ So in original. The semicolon probably should be a period.
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(a-2) Day of unemployment

    (i)(A) subject to the provisions of subdivision (B) hereof, any of 
the days in the period beginning with the day with respect to which the 
Board finds that he left work voluntarily, and continuing until he has 
been paid compensation of not less than $1,500 with respect to time 
after the beginning of such period and before 1989 or, if any part of 
such compensation is paid in a calendar year after 1988, not less than 
an amount that is equal to 2.5 times the monthly compensation base for 
months in such calendar year, as computed under section 351(i) of this 
title;
    (B) if the Board finds that he left work voluntarily with good 
cause, the provisions of subdivision (A) shall not apply, with respect 
to him, to any day in a registration period if such period does not 
include any day which is in a period for which he could receive benefits 
under an unemployment compensation law other than this chapter, and he 
so certifies. Such certification shall, in the absence of evidence to 
the contrary, be accepted subject to the penalty provisions of section 
359(a) of this title;
    (ii) any of the thirty days beginning with the day with respect to 
which the Board finds that he failed, without good cause, to accept 
suitable work available on such day and offered to him, or to comply 
with instructions from the Board requiring him to apply for suitable 
work or to report, in person or by mail as the Board may require, to an 
employment office;
    (iii) subject to the provisions of subsection (b) of this section, 
any day with respect to which the Board finds that his unemployment was 
due to a stoppage of work because of a strike in the establishment, 
premises, or enterprise at which he was last employed, and the Board 
finds that such strike was commenced in violation of the provisions of 
the Railway Labor Act [45 U.S.C. 151 et seq.] or in violation of the 
established rules and practices of a bona fide labor organization of 
which he was a member.

(b) Participation, interest, or financial assistance in labor dispute

    The disqualification provided in subsection (a-2)(iii) of this 
section shall not apply if the Board finds that--
        (i) the employee is not participating in or financing or 
    directly interested in the strike which causes the stoppage of work: 
    Provided, That payment of regular union dues shall not be construed 
    to constitute financing a strike or direct interest in a strike 
    within the meaning of this and the following paragraphs; and
        (ii) he does not belong to a grade or class of workers of which, 
    immediately before the commencement of the stoppage, there were 
    members employed in the establishment, premises, or enterprise at 
    which the stoppage occurs, any of whom are participating in or 
    financing or directly interested in the dispute: Provided, That if 
    separate types of work are commonly conducted in separate 
    departments of a single enterprise, each such department shall, for 
    the purposes of this subsection, be deemed to be a separate 
    establishment, enterprise, or other premises.

(c) Unsuitable work

    No work shall be deemed suitable for the purposes of subsection (a-
2)(ii) of this section, and benefits shall not be denied under this 
chapter to any otherwise qualified employee for refusing to accept work 
if--
        (i) the position offered is vacant due directly to a strike, 
    lockout, or other labor dispute;
        (ii) the remuneration, hours, or other conditions of work 
    offered are substantially less favorable to the employee than those 
    prevailing for similar work in the locality, or the rate of 
    remuneration is less than the union wage rate, if any, for similar 
    work in the locality;
        (iii) as a condition of being employed he would be required to 
    join a company union or to resign from or refrain from joining any 
    bona fide labor organization;
        (iv) acceptance of the work would require him to engage in 
    activities in violation of law or which, by reason of their being in 
    violation of reasonable requirements of the constitution, bylaws, or 
    similar regulations of a bona fide labor organization of which he is 
    a member, would subject him to expulsion from such labor 
    organization; or
        (v) acceptance of the work would subject him to loss of 
    substantial seniority rights under any collective bargaining 
    agreement between a railway labor organization, organized in 
    accordance with the provisions of the Railway Labor Act [45 U.S.C. 
    151 et seq.], and any other employer.

(d) Factors in determination of suitable work

    In determining, within the limitations of subsection (c) of this 
section, whether or not any work is suitable for an employee for the 
purposes of subsection (a-2)(ii) of this section, the Board shall 
consider, in addition to such other factors as it deems relevant, (i) 
the current practices recognized by management and labor with respect to 
such work; (ii) the degree of risk involved to such employee's health, 
safety, and morals; (iii) his physical fitness and prior training; (iv) 
his experience and prior earnings; (v) his length of unemployment and 
prospects for securing work in his customary occupation; and (vi) the 
distance of the available work from his residence and from his most 
recent work.

(e) Voluntarily leaving unsuitable work

    For the purposes of subsection (a-2)(i) of this section, no 
voluntary leaving of work shall be deemed to have been without good 
cause if the Board finds that such work would not have been suitable for 
the purposes of subsection (a-2)(ii) of this section.

(June 25, 1938, ch. 680, Sec. 4, 52 Stat. 1098; June 20, 1939, ch. 227, 
Sec. 11, 53 Stat. 846; Oct. 10, 1940, ch. 842, Secs. 14-18, 54 Stat. 
1097, 1098; July 31, 1946, ch. 709, Secs. 309, 310, 60 Stat. 737, 738; 
Oct. 30, 1951, ch. 632, Sec. 27, 65 Stat. 691; Pub. L. 85-927, pt. II, 
Sec. 202, Sept. 6, 1958, 72 Stat. 1782; Pub. L. 86-28, pt. III, 
Sec. 305, May 19, 1959, 73 Stat. 31; Pub. L. 88-133, title III, 
Sec. 302(a), Oct. 5, 1963, 77 Stat. 222; Pub. L. 90-257, title II, 
Sec. 204, Feb. 15, 1968, 82 Stat. 24; Pub. L. 93-445, title IV, 
Sec. 402, Oct. 16, 1974, 88 Stat. 1359; Pub. L. 98-76, title IV, 
Sec. 411(a)(3), Aug. 12, 1983, 97 Stat. 436; Pub. L. 100-647, title VII, 
Sec. 7101(d), Nov. 10, 1988, 102 Stat. 3758.)

                       References in Text

    The Railroad Retirement Act of 1974, referred to in subsec. (a-
1)(ii), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 
93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, which is 
classified generally to subchapter IV (Sec. 231 et seq.) of chapter 9 of 
this title. For further details and complete classification of this Act 
to the Code, see Codification note set out preceding section 231 of this 
title, section 231t of this title, and Tables.
    The Social Security Act, referred to in subsec. (a-1)(ii), is act 
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social 
Security Act is classified generally to subchapter II (Sec. 401 et seq.) 
of chapter 7 of Title 42, The Public Health and Welfare. For complete 
classification of this Act to the Code, see section 1305 of Title 42 and 
Tables.
    The Railway Labor Act, referred to in subsecs. (a-2)(iii) and 
(c)(v), is act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is 
classified principally to chapter 8 (Sec. 151 et seq.) of this title. 
For complete classification of this Act to the Code, see section 151 of 
this title and Tables.


                               Amendments

    1988--Subsec. (a-2)(i)(A). Pub. L. 100-647 inserted ``and before 
1989 or, if any part of such compensation is paid in a calendar year 
after 1988, not less than an amount that is equal to 2.5 times the 
monthly compensation base for months in such calendar year, as computed 
under section 351(i) of this title'' after ``such period''.
    1983--Subsec. (a-2)(i)(A). Pub. L. 98-76 substituted ``$1,500'' for 
``$1,000''.
    1974--Subsec. (a-1)(ii). Pub. L. 93-445 substituted ``annuity 
payments under the Railroad Retirement Act of 1974'' for ``annuity 
payments or pensions under the Railroad Retirement Act of 1935 or the 
Railroad Retirement Act of 1937''.
    1968--Subsec. (a-1)(iii). Pub. L. 90-257, Sec. 204(a), added cl. 
(iii).
    Subsec. (a-2)(i)(A). Pub. L. 90-257, Sec. 204(b), substituted 
``$1,000'' for ``$750''.
    1963--Subsec. (a-2)(i). Pub. L. 88-133 substituted cl. (i) providing 
in subd. (A) that an employee who voluntarily leaves his work shall not 
be considered as having days of unemployment for a period beginning with 
the day he so leaves and continuing until he has been paid compensation 
of not less than $750 with respect to time after the beginning of such 
period and subd. (B) that if the Board finds that the employee left work 
voluntarily with good cause, such disqualification shall not apply, 
except that in such case the employee would not be considered as having 
days of unemployment with respect to any day in a registration period if 
such period includes a day which is in a period for which he could 
receive benefits under an unemployment law other than this chapter and 
he so certifies, for former cl. (i) providing that an employee who 
leaves work voluntarily is not considered as having days of unemployment 
with respect to any of the first 30 days after he so leaves if the Board 
finds that he left work voluntarily without good cause.
    1959--Subsec. (a-2)(iv). Pub. L. 86-28 struck out cl. (iv) which 
prevented Sundays and holidays from being considered as days of 
unemployment unless they were preceded and succeeded by a day of 
unemployment.
    1958--Subsec. (a-1)(ii). Pub. L. 85-927 substituted ``other than 
this chapter or any other social-insurance payments under any law'' for 
``of any State of the United States other than this chapter, or any 
other social-insurance payments under a law of any State or of the 
United States''.
    1951--Subsec. (a-1). Act Oct. 30, 1951, struck out cls. (iii) and 
(iv) which excepted from consideration as a day of unemployment or as a 
day of sickness, any days in any registration period in which the 
employee had certain specified earnings.
    1946--Subsec. (a-1). Act July 31, 1946, Sec. 309(a), (b), designated 
provisions of former subsec. (a) which apply both to days of 
unemployment and to days of sickness as subsec. (a-1) and changed cl. 
(ii) to include sickness and maternity benefits.
    Subsec. (a-2). Act July 31, 1946, Sec. 309(c), designated provisions 
of former subsec. (a) which apply only to days of unemployment as 
subsec. (a-2).
    Subsecs. (b) to (e). Act July 31, 1946, Sec. 310, changed references 
to subsec. (a) of this section to refer to subsec. (a-2).
    1940--Subsec. (a)(ii). Act Oct. 10, 1940, Sec. 14, inserted 
provisions relating to employee's failure to comply with instructions of 
the Board.
    Subsec. (a)(iv). Act Oct. 10, 1940, Sec. 15, substituted 
``registration period'' for ``half-month''.
    Subsec. (a)(v). Act Oct. 10, 1940, Sec. 16, struck out applicability 
to employee having a right to receive compensation or other wages in 
lieu of notice, and inserted provisions relating to recovery of certain 
other payments and inapplicability of paragraph under specified 
conditions.
    Subsec. (a)(vi). Act Oct. 10, 1940, Sec. 17, substituted provisions 
relating to earnings of employees during any day in any registration 
period, for provisions relating to earnings of employees during any day 
in any half-month.
    Subsec. (a)(vii), (viii). Act Oct. 10, 1940, Sec. 18, added cls. 
(vii) and (viii).
    1939--Subsec. (a). Act June 20, 1939, generally revised criteria for 
determining what shall not be considered as a day of unemployment with 
respect to any employee.
    Subsec. (b). Act June 20, 1939, substituted provisions setting forth 
criteria for determining nonapplicability of disqualification provided 
in subsec. (a)(iii) of this section, for provisions setting forth 
criteria for determining nonapplicability of disqualification provided 
in subsec. (a)(v) of this section.
    Subsecs. (c) to (e). Act June 20, 1939, substituted references to 
subsec. (a)(ii) of this section for references to subsec. (a)(iii) or 
(iv) of this section.


                    Effective Date of 1983 Amendment

    Amendment by Pub. L. 98-76 applicable to compensation paid for 
services rendered after Dec. 31, 1983, see section 411(b) of Pub. L. 98-
76, set out as a note under section 351 of this title.


                    Effective Date of 1974 Amendment

    Amendment by Pub. L. 93-445 effective Jan. 1, 1975, see section 603 
of Pub. L. 93-445, set out as a note under section 402 of Title 42, The 
Public Health and Welfare.


                    Effective Date of 1968 Amendment

    Amendment by section 204(a) of Pub. L. 90-257 effective with respect 
to calendar days in benefit years beginning after June 30, 1968, and 
amendment by section 204(b) of Pub. L. 90-257 effective with respect to 
voluntary leaving of work (within the meaning of subsec. (a-2)(i) this 
section) after February 15, 1968, see section 208 of Pub. L. 90-257, set 
out as a note under section 352 of this title.


                    Effective Date of 1963 Amendment

    Section 302(b) of Pub. L. 88-133 provided that: ``The amendment made 
by subsection (a) [amending this section] shall be effective only with 
respect to an employee who leaves work voluntarily after the date of 
enactment of this Act [Oct. 5, 1963].''


                    Effective Date of 1959 Amendment

    Amendment by Pub. L. 86-28 effective with respect to benefits 
accruing in general benefit years which begin after the benefit year 
ending June 30, 1958, and in extended benefit periods which begin after 
Dec. 31, 1957, see section 309 of Pub. L. 86-28, set out as a note under 
section 351 of this title.


                    Effective Date of 1958 Amendment

    Amendment by Pub. L. 85-927 effective with respect to days in 
benefit years after the benefit year ending on June 30, 1958, see 
section 207(a) of Pub. L. 85-927, set out as a note under section 351 of 
this title.


                    Effective Date of 1951 Amendment

    Amendment by act Oct. 30, 1951, effective with respect to 
registration periods beginning on and after Jan. 1, 1952, see section 28 
of act Oct. 30, 1951, set out as a note under section 351 of this title.


                    Effective Date of 1946 Amendment

    Amendment by act July 31, 1946, effective July 1, 1947, see section 
403 of act July 31, 1946, set out as a note under section 352 of this 
title.


                    Effective Date of 1940 Amendment

    For effective date of amendment by act Oct. 10, 1940, see section 1 
of act Oct. 10, 1940, set out as a note under section 351 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 351, 362 of this title.
