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45 U.S.C. § 354Disqualifying conditions

submitted 88 years ago by ch. 680 to r/title-45-RAILROADS · 1,375 words · no verdicts yet

in plain englishAI-generated · not legal advice

This railroad-worker law lists reasons the Railroad Retirement Board can deny unemployment or sickness benefits. It excludes days when someone lied on a claim, got other benefits, quit without good cause, refused suitable work, or was off work due to certain strikes. It also defines what counts as work a person can be required to accept.

(a-1) Not counted as a day of unemployment or sickness. A day doesn't count as a day of unemployment or sickness in three situations: (i) any of the 75 days starting with the first day of a registration period for which the Board finds the person knowingly made, helped make, or caused to be made a false or fraudulent statement or claim to get benefits paid; (ii) any day in a period for which the Board finds the person is receiving or will receive Railroad Retirement Act annuity payments, Social Security Title II benefits, other unemployment, maternity, or sickness benefits under a law besides this one, or any other social-insurance payment. If someone receives, or is entitled to receive, one of these other payments (other than unemployment, maternity, or sickness pay) covering a period that overlaps days already paid under this law, the Board can recover the extra amount those overlapping days added to the benefit. But if that other payment, to the extent it covers those overlapping days, is smaller than what this law would otherwise pay for them, the Board doesn't apply the recovery rule — instead the benefit is simply reduced or recovered by that smaller amount; (iii) if the person receives a separation allowance, the days right after they leave service don't count as unemployment for a number of 14-day periods found by dividing the allowance by 10, 12, or 14 times their last daily pay rate, depending on whether they normally worked a 5-, 6-, or 7-day week. (a-2) More situations where a day doesn't count as unemployment. (i)(A) Days starting with the day the Board finds someone left work voluntarily, and continuing until they've earned at least $1,500 in later work (or, for amounts earned after 1988, an inflation-adjusted amount computed under section 351(i)); (B) but if the Board finds the person left voluntarily with good cause, rule (A) doesn't apply to a day in a registration period, as long as that period doesn't overlap a period for which the person could get benefits under some other unemployment law, and the person certifies this — a certification the Board must accept unless there's evidence against it, subject to the false-statement penalties in section 359(a). (ii) Any of the 30 days starting with the day the Board finds the person, without good cause, refused suitable work offered to them, or refused to follow Board instructions to apply for work or report to an employment office. (iii) Subject to subsection (b), any day the Board finds the person was unemployed because of a work stoppage caused by a strike at their last workplace, if the Board also finds that strike violated the Railway Labor Act or violated the established rules of a legitimate labor union the person belonged to. (b) Exception for people not involved in the strike. The strike-related disqualification in (a-2)(iii) doesn't apply if the Board finds (i) the employee isn't participating in, funding, or directly interested in the strike causing the stoppage — simply paying regular union dues doesn't count as funding a strike or having a direct interest in one — and (ii) the employee doesn't belong to a group of workers at that workplace, any of whom are participating in, funding, or directly interested in the dispute. If a single business runs separate kinds of work in separate departments, each department counts as its own workplace for this rule. (c) What counts as unsuitable work. No job counts as "suitable" for purposes of (a-2)(ii) — meaning benefits can't be denied for refusing it — if: (i) the job is open only because of a strike, lockout, or other labor dispute; (ii) the pay, hours, or other conditions offered are substantially worse than what's normal for similar local work, or the pay is below the local union wage for similar work; (iii) taking the job would require joining a company union or leaving a legitimate labor organization; (iv) taking the job would require breaking the law, or breaking rules of a legitimate labor union the person belongs to in a way that could get the person expelled; or (v) taking the job would cost the person significant seniority rights under a union contract with a different employer. (d) Factors in deciding if work is suitable. Within the limits set by subsection (c), when deciding whether a job is suitable for purposes of (a-2)(ii), the Board must also weigh, along with any other relevant factors: (i) current practices recognized by management and labor for that kind of work; (ii) the risk the job poses to the person's health, safety, and morals; (iii) the person's physical fitness and prior training; (iv) their experience and past earnings; (v) how long they've been unemployed and their prospects for finding work in their usual occupation; and (vi) how far the job is from their home and from their most recent job. (e) Quitting unsuitable work. For purposes of (a-2)(i), if the Board finds that a job wouldn't have counted as "suitable" under (a-2)(ii) and (c), then leaving that job voluntarily is treated as leaving with good cause.
the actual law source: uscode.house.gov ↗public domain
(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

(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.

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

history & why it existsrecord from the source credit
  • 1938Enacted · Act of June 25, 1938, ch. 680 · 52 Stat. 1098
  • 1939Amended · Act of June 20, 1939, ch. 227 · 53 Stat. 846
  • 1940Amended · Act of Oct. 10, 1940, ch. 842 · 54 Stat. 1097, 1098
  • 1946Amended · Act of July 31, 1946, ch. 709 · 60 Stat. 737, 738
  • 1951Amended · Act of Oct. 30, 1951, ch. 632 · 65 Stat. 691
  • 1958Amended · Pub. L. 85-927 · 72 Stat. 1782
  • 1959Amended · Pub. L. 86-28 · 73 Stat. 31
  • 1963Amended · Pub. L. 88-133 · 77 Stat. 222
  • 1968Amended · Pub. L. 90-257 · 82 Stat. 24
  • 1974Amended · Pub. L. 93-445 · 88 Stat. 1359
  • 1983Amended · Pub. L. 98-76 · 97 Stat. 436
  • 1988Amended · Pub. L. 100-647 · 102 Stat. 3758

A history note hasn’t been published yet. The record shows enactment by ch. 680 on 1938-06-25.

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