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1401 Provisions of the Act

1401.01 Section 4(a-2)

of the Act provides, in part, that:

"There shall not be considered as a day of unemployment, with respect to any 

employee...(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;..."

1401.02 Section 4(c)

of the Act provides that:

"No work shall be deemed suitable for the purposes of section 4(a-2)(ii) 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, 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 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, by-laws, 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 lose 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, and any other employer."

1401.03 Section 4(d) of the Act

provides that:
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"In determining, within the limitations of section 4(c) of this Act, whether or not 

any work is suitable for an employee for the purposes of section 4(a-2)(ii) 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 

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." 

1402 Analysis of Section 4(a-2)(ii)

1402.01 Disqualification applies even if benefits not claimed

The disqualification provided in section 4(a-2)(ii) of the Act may be applicable 

even though an employee does not claim benefits on the date or previous to the 

date of a failure to accept or apply for work or failure to report to an employment 

office.

1402.02 Employment office

An employment office is, as provided in section

325.11 of the regulations of the Railroad Retirement Board (RRB), any office or 

other facility selected by an unemployment claims agent for the registration of 

unemployed employees, or any employment office maintained by a State of by 

the Federal government.

1402.03 Failure to accept an offer of work

a. Conditions

The disqualification provided for failure to accept an offer of work applies only if it 

is established that all the following conditions exist:

1 An offer of suitable work was made to the claimant, by a person authorized to 

hire persons for the work offered, and in such a manner that it was 

understood or should have been understood that an offer was made.

2 The offer was of such a nature that it could have resulted in employment if the 

claimant accepted and if he met the conditions of employment laid down by 

the employer.

3 The claimant failed, without good cause, to accept the work offered or failed 

to take whatever steps were reasonably required in order to obtain the work. 

Failure to exercise a right to displace an occupant of a position is not a failure 

to accept an offer of work (L-39-568).
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b. Date

The disqualification dates from the first day on which the claimant could have 

worked had he accepted the offer. It shall be considered in the absence of 

evidence of the specific date on which the claimant could have worked that such 

date is the date on which he stated he would not accept the work, or the date on 

which he failed to take whatever steps were reasonably required to obtain the 

work, whichever is earlier.

1402.04 Failure to comply with instructions from the RRB

a. Conditions

Except in the circumstances described in .05 (Conditional finding of failure to 

report), the disqualification provided for failure to comply with instructions from 

the Board requiring a claimant (a) to apply for suitable work or (b) to report to an 

employment office applies only if it is established that all the following conditions 

exist: 

1 An instruction was brought to the claimant's attention. If a claimant states that 

he did not receive an instruction which was mailed to him and not returned 

undeliverable, the determination whether an instruction shall be considered to 

have been brought to the claimant's attention shall be made as follows:

(a) If there is no information of a previous instance in which the claimant 

stated that he failed to receive a similar instruction, it shall be 

considered, in the absence of affirmative evidence to the contrary, that 

an instruction was not brought to his attention.

(b) If there is information of a previous instance in which the claimant 

stated he failed to receive a similar instruction, it shall be considered, 

in the absence of evidence to the contrary, that the instruction was 

brought to his attention three business days after mailing, Affirmative 

evidence to the contrary may consist of: (1) evidence of carelessness 

in the handling of the claimant's mail by persons other than the 

claimant, or (2) the demonstrated interest of the claimant in job 

opportunities.

2 Such instruction was given by the RRB that required the claimant to apply for 

suitable work or to report to an employment office in person or by mail.

(a) It is not necessary that the work to be applied for was available or that 

the employment office had any work to offer.

(b) An instruction to "apply if interested", to "report if interested", "it is 

suggested that you apply", or other similarly qualified instruction cannot 

be considered to be an instruction to apply or to report to an 

employment office.
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(c) An instruction or request that the claimant notify the RRB whether he 

will or did apply to an employer or report to an employment office 

cannot be considered as an instruction to report to an employment 

office. However, if a claimant does not notify the RRB after being 

instructed to do so, a conditional finding may be made that he did fail 

without good cause to apply for work or report to an employment office. 

(Section 1402.05.)

(d) The work for which he was instructed to apply must have been 

suitable. However, it is not necessary that the instruction to report to 

an employment office contemplate a referral to suitable work. But if 

referral to work was contemplated and the claimant knows of the work 

and what he knew about the job was enough to show it was unsuitable, 

he had good cause for failing to report. 

(e) Form ES-21, the referral prescribed for referring individuals to the 

State Employment Service, contains the following provisions:

This is notice that you are to report in person to the State Employment 

Service (SES) office shown above and apply for work to which you 

may be referred by that office. Give this notice and the enclosed 

postage paid envelope to the SES representative when you report. 

After having the SES representative complete item 1 below, please 

sign and date the form in item 3 and return this page to us at the 

address shown above in the enclosed postage due envelope. The SES 

representative should complete the second page of this notice and 

return it to us in the postage paid envelope.

If you fail to report to the SES office or to comply with the office’s 

instructions, you may be disqualified from receiving unemployment 

benefits for a period of 30 days. If you do not report to the SES office, 

complete items 2 and 3 and return this notice to us no later than the 

date you are to report. 

In issuing such a referral notice, the RRB incorporates in its 

instructions such directions as may be given to the individual by the 

SES. Accordingly, the disqualification provided for in section 4(a-2) (ii) 

would be applicable in the case of an individual who receives such a 

referral notice, who reports to the SES, but who fails, without good 

cause, to apply for suitable work as directed by the SES, or who fails, 

without good cause, to report back to the employment office as 

instructed by the SES.

3. The claimant failed, without good cause, to comply with the instructions in the 

manner specified in the instructions or failed to take whatever steps were 

reasonably required in order to obtain the work. The claimant's statement 
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that he will apply is not evidence that he applied, but his statement that he did 

apply is sufficient evidence in the absence of evidence to the contrary.

b. Date

The disqualification dates from the day the claimant was required to apply or 

report as provided in the instructions. The following table shows the beginning 

date of the disqualification with respect to various instructions:

Disqualification 

Instructions state dates from

1. One specified date 1. The specified date

2. "between ____ and ____," or 

"not later than ____".

2. The last date given

3. "immediately" 3. First business day after

instruction is received

4. "as soon as possible" 4. No disqualification

1402.05 Conditional finding of failure to comply with instructions 

in the absence of evidence to the contrary, section 4(a-2)(ii) shall be applied 

conditionally in any case in which:

a. a claimant fails to report to a RRB representative at an employment office 

in accordance with instructions mailed to him and fails to inform the Board 

why he did not report; or

b. a claimant has been instructed by the RRB to apply for work or to report to 

a state employment office, and he fails to inform the RRB whether he 

complied with such instructions.

Such a finding shall be made when an office of the RRB receives a claim form 

showing registrations for any of the thirty days beginning with the day on which 

the claimant was to comply with instructions given him, except in a case where a 

field office gives instructions to a claimant whose claims are not transmitted 

through the field office. In such a case a finding shall be made not later than five 

days after the date when the claimant was to comply with the instructions.
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1402.06 Redetermination of conditional finding

If, after section 4(a-2)(ii) has been applied conditionally, evidence is presented 

showing that the claimant did comply with the instructions or had good cause for 

failure to comply with the instructions, a finding shall be made that section 4(a2)(ii) is not applicable. As indicated in section 1402.04a2(c), a claimant's failure 

to give information whether he did or did not comply with instructions does not in 

itself constitute failure to comply with instructions.

1403 Distinction Between Good Cause and Suitable Work

The term "suitable work" refers to the conditions and terms of employment and 

the personal factors relating to them; among such factors are those specifically 

mentioned in section 4(c) and section 4(d) of the Act. Good cause generally 

refers to a determination made by the Board on the basis of personal factors not 

related to the conditions and terms of employment.

1404 Determining Suitable Work

1404.01 Position vacant due to strike, lockout, or labor dispute

Work is not suitable if the position offered is vacant due directly to a strike, 

lockout, or other labor dispute.

1404.02 Remuneration

Work is not suitable if the rate of remuneration for such work (a) is substantially 

less favorable to the employee than that prevailing for similar work in the locality; 

(b) is less than the minimum wage rate provided in federal or state legislation 

applicable to such work; or (c) is less than the union wage rate, if any, applicable 

to such work.

1404.03 Hours or other conditions of work

Work is not suitable if the hours or other conditions of the work are substantially 

less favorable to the employee than those prevailing for similar work in the 

locality.

1404.04 Union membership

Work is not suitable if, as a condition of being employed, the employee would be 

required to join a company union or to resign from or refrain from joining any 

bona fide labor organization. Work is not unsuitable by reason of a requirement 

that the employee join, or maintain membership in, a railway labor organization 

pursuant to an agreement under Section 2, Eleventh, of the Railway Labor Act 

requiring union membership under certain conditions.
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1404.05 Violation of law or of requirement of labor organization

Work is not suitable if it would require the employee to engage in activities in 

violation of law, or, by reason of their being in violation of reasonable 

requirements of the constitution, by-laws, or similar regulations of a bona fide 

labor organization of which he is a member, would subject him to expulsion from 

such labor organization.

1404.06 Loss of seniority rights

Work is not suitable if acceptance of it would subject the employee 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, and any other employee. In determining whether seniority 

rights are "substantial", consideration shall be given to the employee's years of 

seniority, his relative position on the seniority roster, the duration of employment 

currently held or expected as a result of the seniority rights, and a comparison of 

the rights which would be lost with the rights which could be expected to accrue 

from the work offered.

1404.07 Current practices of management and labor

Current practices of management and labor with respect to a job include 

provisions of any collective bargaining agreement entered into by the employer 

and a bona fide labor organization, and any other practices with respect to the 

job developed and commonly recognized by the parties. Work is not suitable 

solely because, as a condition of employment, the employee is required by such 

agreement or practice to furnish certain tools or equipment, to take a medical 

examination, or to comply with any other reasonable job requirement.

1404.08 Risk to employee's safety

Risks normally inherent in an occupation do not render work in that occupation 

unsuitable except as such risks are related to a particular employee's fitness for 

the work. In determining the degree of risk involved to an employee's safety, 

consideration shall be given to his statements with respect to the work, and to 

supporting information regarding his physical and mental condition, age, 

experience, and training, as these factors relate to the job requirements.

1404.09 Risk to employee's health

Work is not suitable for an employee if it would adversely affect his health and 

well-being. On this point, consideration shall be given to the employee's 

statements with respect to the effect of the work on his health and to supporting 

information regarding his physical condition and personal qualifications as these 

factors relate to the job requirements.
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1404.10 Risk to employee's morals

Personal convictions must be considered in determination of degree of risk to an 

employee's morals. Thus, work is not suitable for an employee if it would require 

him t work on the Sabbath Day of his faith when he is not willing, because of 

religious convictions, to work on such day.

1404.11 Physical fitness

Work is not suitable for an employee whose physical fitness does not conform to 

the job requirements. A finding on his point shall be based on the employee's 

statements with respect to his physical condition as related to the work, and to 

supporting information.

1404.12 Training and experience

Work is not suitable for an employee who is not reasonably qualified, by training, 

education, and experience, to meet the essential job requirements. 

1404.13 Length of unemployment and work prospects

Work which is not suitable for an employee at the outset of his unemployment in 

view of his qualifications, prior earnings, and prospects for obtaining more 

favorable work, may subsequently become suitable for him. The area of jobs 

considered suitable for an employee broadens as his unemployment lengthens 

and his prospects of getting work in his customary occupation, or other work of 

his choice, dwindle.

1404.14 Distance of work

Work is not suitable for an employee who has no means of transportation to the 

work or who would be required to travel an unreasonable distance. In 

determining what would be reasonable for a particular employee, consideration 

shall be given to the distance of the work from his residence, the distance he has 

customarily traveled to work, and any change in his circumstances supporting his 

decision to hold himself out for work closer to home.

1405 Determining Good Cause for Failure to Accept or Apply for 

Suitable Work

Some of the circumstances in which an employee has good cause for failure to 

accept or apply for suitable work are:

1. The employee received the instructions to apply too late for him to apply at 

the time specified.

2. Acceptance of the work would result in financial loss to the employee.
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3. Acceptance of the work would require the employee to be away from his 

home when his presence at or near his home was required, and other 

arrangements could not be made.

4. The employee had good prospects of returning within one month to work 

in his customary occupation or to work in an occupation more acceptable 

to him.

1406 Determining Good Cause for Failure to Report to an 

Employment Office

An employee has good cause for failure to comply with instructions from the RRB 

requiring him to report to an employment office if:

1. He did not receive the instructions or received them too late to report in 

time; or

2. He had a misunderstanding of the instructions and he complied with the 

instructions as he understood them; or

3. He was working or expected a call to work, he had no means of 

transportation, he was sick, or other circumstances were such that he 

could not reasonably be expected to comply with the instructions.

1407 Notice

Notice of determination of the applicability of section 4(a-2)(ii) shall be sent in 

each case in which benefits are denied on the basis of such determination.

1408 Determinations by Field Office

Field offices are authorized to make determinations as to whether claimants have 

good cause for failure to accept or apply for suitable work or to report to an 

employment office.

1409 Reconsideration and Review

1409.01 Reconsideration of field determination

When Field Service (FS) receives information, which appears to furnish grounds

for reconsideration of a field office determination, FS shall send the information to 

the field office. The field office will make a redetermination if appropriate.

1409.02 Review of field office determination

If, in the opinion of the network manager, information received in FS raises a 

question whether a field office determination was correct, the network manager
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shall request the field office file for the claimant and review the evidence. In the 

event the network manager finds that the field office determination was correct, 

the field office file shall be returned to the field office with a memorandum 

affirming the determination or with information needed for reconsideration in 

accordance with subsection .01 of this section. In the event that the network 

manager finds that the field office determination was not correct, the network 

manager shall make a redetermination, and, with return of the field office file, 

shall furnish the field office an explanation of the action taken and request the 

field office to inform the claimant. 

1410 Form Letters Prescribed

The following form letters are prescribed:

ID-14 (07-92)

ID-14a (07-92)