PART 327—AVAILABLE FOR WORK Authority: 45 U.S.C. 362(i), 362(l). § 327.1 Introduction. The Railroad Unemployment Insurance Act provides for the payment of unemployment benefits to qualified railroad employees for days of unemployment. Under section 1(k) of the Act, an unemployed employee must be “available for work” as a condition of eligibility for unemployment benefits for any day claimed as a day of unemployment. This part defines the phrase “available for work” and explains how the Board will apply that phrase to claims for unemployment benefits. [55 FR 1811, Jan. 19, 1990] § 327.5 Meaning of “available for work”. (a) General definition. (b) Willing to work. (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. (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. (d) Deemed available for work. [Board Order 53-296, 18 FR 8157, Dec. 12, 1953, as amended at 85 FR 19386, Apr. 7, 2020] § 327.10 Consideration of availability. (a) Initial proof. (b) Information indicating unavailability. (c) Employee who has retired voluntarily. (d) Equivalent of full-time work. (2) The application of paragraph (d) may be illustrated by the following examples: Example (1): A claimant's regular work schedule requires him or her to work five nine-hour days one week followed by three nine-hour days and one eight-hour day in the next week. The claimant has five non-work days within this two-week period. The claimant is not considered available for work on those non-work days. Example (2): On Monday an employee who has been working a shift which has Saturdays and Sundays off changes to a shift which normally has Wednesdays and Thursdays off. As a consequence, the employee has six non-work days within a 14-day period. The employee is not considered available for work with respect to any of the six non-work days. Example (3): An employee regularly receives remuneration for 40 hours per week by working 10 hours on each of four days per week, thus giving him or her six rest days in a 14-day period. The employee will not be considered available for work on the rest days. (e) Attendance in school or training course. (2) Examples. Example (1): An individual is laid off by his or her railroad employer. Instead of looking for other employment, the individual decides to enter college in order to become a teacher. He or she is enrolled as a full-time day student. The individual is not available for work. Example (2): An employee is furloughed by his or her railroad employer and will not likely be able to return to railroad work. After making a reasonable effort to obtain work and finding none, the individual enrolls in a six-month course of training, which upon completion would permit him or her to obtain an entry level job in the data processing industry. The individual is considered available for work while training for the data processing job. (f) Failure to work in anticipation of maximum mileage. (2) Example. (g) Confinement. (h) Missed turns in pool service. [Board Order 53-296, 18 FR 8157, Dec. 12, 1953, as amended by Board Order 55-30, 20 FR 1015, Feb. 17, 1955; 55 FR 1811, Jan. 19, 1990] § 327.15 Reasonable efforts to obtain work. (a) Requirement. (b) Failure to comply with requirement. (c) What constitutes reasonable efforts. (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. [Board Order 53-296, 18 FR 8157, Dec. 12, 1953, as amended at 55 FR 1812, Jan. 19, 1990]