§ 354. Disqualifying conditions

Footnotes

1. 1 So in original. The semicolon probably should be a period.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1938

   Pub. L. 75–680 § 4 · 52 Stat. 1094

   Enacted · 45 U.S.C. § 354

   June 25, 1938, ch. 680, § 4, 52 Stat. 1098

   Source evidence

   Code source credit
   June 25, 1938, ch. 680, § 4, 52 Stat. 1098

   Enacted provision · exact public law section
   Sec. 4 disqualifying conditions (a) There shall not be considered as a day of unemployment, with respect to any employee— (i) Leaving work voluntarily without good cause. any of the thirty days beginning with the day with respect to which the Board finds that he left work voluntarily without good cause; (ii) Misconduct. any of the forty-five days beginning with the day with respect to which the Board finds that he was discharged or suspended for misconduct related to his work; (iii) Failing to accept suitable work without good cause. 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; (iv) Called to report but unavailable. any of the fifteen days beginning with the day with respect to which the Board finds that he was, with proper notice, called upon to report for suitable work available on such day and was able to work but was not available; (v) Unemployment due to strike in violation of law, etc. 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 48 Stat. 1185. 45 U. S. C. § 151. Act or in violation of the established rules and practices of a bona fide labor organization of which he was a member; (vi) False or fraudulent statements. any of the seventy-five days beginning with the first day of any half-month 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; (vii) Receiving similar benefits under designated Acts. any day in any period with respect to which the Board finds that he is receiving, has received, or has a right to receive compensation or other wages in lieu of notice, annuity payments, 49 Stat. 967; 50 Stat. 307. 45 U. S. C., Supp. III, ch. 9. 49 Stat. 622. 42 U. S. C., Supp. III, 401–410a. or pensions under the Railroad Retirement Act of 1935 or the Railroad Retirement Act of 1937, or old-age benefits under title II of the Social Security Act or payments for similar purposes under any other Act of Congress; or he is receiving or has received unemployment benefits under an unemployment compensation law of any State or of the United States other than this Act; (viii) Performance of 25 per centum of maximum employment allowable for calendar month in half-month. any day in any half-month with respect to which the Board finds that he performed at least 25 per centum of the maximum employment allowable to him for a calendar month pursuant to a contract of employment providing for the determination of his compensation, wholly or partially, on a mileage basis; (ix) Performance of 50 per centum of maxi-mum employment allowable for calendar month In month. any day in any calendar month with respect to which the Board finds that he had prior to such day performed at least 50 per centum of the maximum employment allowable to him during such calendar month pursuant to a contract of employment providing for the determination of his compensation, wholly or partially, on a mileage basis. (b) Strike, etc., disqualification not to apply in specified cases.Nonparticipants, etc. The disqualification provided in section 4 (a) (v) of this Act 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 Proviso. Payment of dues not deemed financing strike. 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, Person does belong to class, any of whom are participants, etc. 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 Proviso. Enterprise conducting separate types of work. 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) No work shall be deemed suitable for the purposes of section When work offered deemed not suitable. Ante, p. 1098. 4 (a) (iii) or 4 (a) (iv) of this Act, and benefits shall not be denied under this Act to any otherwise qualified employee for refusing to accept work if— (i) the position offered is vacant due directly to a strike, lockout, Position offered is vacant because of labor dispute. or other labor dispute; (ii) the remuneration, hours, or other conditions of work Unfavorable labor conditions. 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 Labor organization membership. 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 Acceptance would involve law violation, etc. 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 Loss of substantial seniority rights, etc. substantial seniority rights under any collective bargaining agreement between a railway labor organization, organized in accordance with the provisions of the Railway Labor Act, and any other employer. (d) In determining, within the limitations of section 4 (c) of this Additional factors to be considered. Act, whether or not any work is suitable for an employee for the purposes of sections 4 (a) (iii) and 4 (a) (iv) of this Act, the Board shall consider, in addition to such other factors as it deems relevant, (i) the current practices recognized by management and labor with Current recognized practices with respect to such work. Degree of risk involved. Physical fitness and training, experience and prior earnings. Length of unemployment, etc. Distance of available work. Voluntary leaving of work defined. Ante, p. 1098. 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) For the purposes of section 4 (a) (i) of this Act, 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 sections 4 (a) (iii) and 4 (a) (iv) of this Act.

2. 1939

   Public Law not identified

   Changed · 45 U.S.C. § 354(a)

   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

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   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.

3. 1939

   Public Law not identified

   Substituted · 45 U.S.C. § 354(b)

   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

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   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.

4. 1939

   Public Law not identified

   Substituted · 45 U.S.C. § 354(c)(e)

   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

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   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.

5. 1940

   Public Law not identified

   Inserted · 45 U.S.C. § 354(a)(ii)

   Subsec. (a)(ii). Act Oct. 10, 1940, § 14, inserted provisions relating to employee’s failure to comply with instructions of the Board

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (a)(ii). Act Oct. 10, 1940, § 14, inserted provisions relating to employee’s failure to comply with instructions of the Board.

6. 1940

   Public Law not identified

   Substituted · 45 U.S.C. § 354(a)(iv)

   Subsec. (a)(iv). Act Oct. 10, 1940, § 15, substituted “registration period” for “half-month”

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (a)(iv). Act Oct. 10, 1940, § 15, substituted “registration period” for “half-month”.

7. 1940

   Public Law not identified

   1. Struck · 45 U.S.C. § 354(a)(v)

      Subsec. (a)(v). Act Oct. 10, 1940, § 16, struck out applicability to employee having a right to receive compensation or other wages in lieu of notice

   2. Inserted · 45 U.S.C. § 354(a)(v)

      Subsec. (a)(v). Act Oct. 10, 1940, § 16, inserted provisions relating to recovery of certain other payments and inapplicability of paragraph under specified conditions

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (a)(v). Act Oct. 10, 1940, § 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.

8. 1940

   Public Law not identified

   Substituted · 45 U.S.C. § 354(a)(vi)

   Subsec. (a)(vi). Act Oct. 10, 1940, § 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

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (a)(vi). Act Oct. 10, 1940, § 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.

9. 1940

   Public Law not identified

   Added · 45 U.S.C. § 354(a)(vii); 45 U.S.C. § 354(a)(viii)

   Subsec. (a)(vii), (viii). Act Oct. 10, 1940, § 18, added cls. (vii) and (viii)

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (a)(vii), (viii). Act Oct. 10, 1940, § 18, added cls. (vii) and (viii).

10. 1946

    Public Law not identified

    Amended · 45 U.S.C. § 354(a–1)

    Subsec. (a–1). Act July 31, 1946, § 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

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (a–1). Act July 31, 1946, § 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.

11. 1946

    Public Law not identified

    Amended · 45 U.S.C. § 354(a–2)

    Subsec. (a–2). Act July 31, 1946, § 309(c), designated provisions of former subsec. (a) which apply only to days of unemployment as subsec. (a–2)

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (a–2). Act July 31, 1946, § 309(c), designated provisions of former subsec. (a) which apply only to days of unemployment as subsec. (a–2).

12. 1946

    Public Law not identified

    Changed · 45 U.S.C. § 354(b)(e)

    Subsecs. (b) to (e). Act July 31, 1946, § 310, changed references to subsec. (a) of this section to refer to subsec. (a–2)

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsecs. (b) to (e). Act July 31, 1946, § 310, changed references to subsec. (a) of this section to refer to subsec. (a–2).

13. 1951

    Public Law not identified

    Struck · 45 U.S.C. § 354(a–1)

    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

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    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.

14. 1958

    Pub. L. 85–927 · 72 Stat. 1778

    Substituted · 45 U.S.C. § 354(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”

    Source evidence

    Code amendment note
    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”.

15. 1959

    Pub. L. 86–28 · 73 Stat. 25

    Struck · 45 U.S.C. § 354(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

    Source evidence

    Code amendment note
    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.

16. 1963

    Pub. L. 88–133 title III § 302(a) · 77 Stat. 219

    Substituted · 45 U.S.C. § 354(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (a) Section 4(a–2)(i) of the Railroad Unemployment 53 Stat. 846; 60 Stat. 737. 45 USC 354. Insurance Act is amended to read as follows: “(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 $750 with respect to time after the beginning of such period; “(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 re could receive benefits under an unemployment compensation aw other than this Act, and he so certifies. Such certification shall, in the absence of evidence to the contrary, be accepted subject to the penalty provisions of section 9(a) of this Act;”.

17. 1968

    Pub. L. 90–257 § 204(a) · 82 Stat. 16

    Added · 45 U.S.C. § 354(a–1)(iii)

    Pub. L. 90–257, § 204(a), added cl. (iii)

    Source evidence

    Code amendment note
    Subsec. (a–1)(iii). Pub. L. 90–257, § 204(a), added cl. (iii).

    Enacted provision · exact public law section
    (a) Section 4(a–1) of the Railroad Unemployment Insurance Act is amended by inserting at the end thereof the following new paragraph: “(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 tan 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,”.

18. 1968

    Pub. L. 90–257 § 204(b) · 82 Stat. 16

    Substituted · 45 U.S.C. § 354(a–2)(i)(A)

    Pub. L. 90–257, § 204(b), substituted “$1,000” for “$750”

    Source evidence

    Code amendment note
    Subsec. (a–2)(i)(A). Pub. L. 90–257, § 204(b), substituted “$1,000” for “$750”.

    Enacted provision · exact public law section
    (b) Section 4(a–2)(i) of such Act is amended by striking out from paragraph (A) thereof “$750” and inserting in lieu (hereof “$1,000”.

19. 1974

    Pub. L. 93–445 title IV § 402 · 88 Stat. 1305

    Substituted · 45 U.S.C. § 354(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    Sec. 402. Section 4(a-1) of the Railroad Unemployment Insurance Act is amended by striking out “or pensions under the Railroad Retirement 45 USC 354. Act of 1935 or the Railroad Retirement Act of 1937” from paragraph (ii) and inserting in lieu thereof “under the Railroad Retirement Act of 1974”.

20. 1983

    Railroad Retirement Solvency Act of 1983

    Pub. L. 98–76 title IV § 411(a)(3) · 97 Stat. 411

    Substituted · 45 U.S.C. § 354(a–2)(i)(A)

    Pub. L. 98–76 substituted “$1,500” for “$1,000”

    Source evidence

    Code amendment note
    Subsec. (a–2)(i)(A). Pub. L. 98–76 substituted “$1,500” for “$1,000”.

    Enacted provision · exact public law section
    (3) Section 4(a-2)(i)(A) of such Act is amended by striking out “$1,000” and inserting in lieu thereof “$1,500”.

    Effective date note
    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.

21. 1988

    Railroad Unemployment Insurance and Retirement Improvement Act of 1988

    Pub. L. 100–647 title VII § 7101(d) · 102 Stat. 3342

    Inserted · 45 U.S.C. § 354(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (d) Conforming Amendments With Respect to Required Compensation Amount.— Section 4(a–2)(i)(A) is amended by striking out the semicolon at the end and inserting in lieu thereof “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 1(i) of this Act;”.

7 of 22 references resolved to an enrolled provision · 2 partial · 13 unresolved