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45 U.S.C. § 354

Disqualifying conditions

United States · Title 45 — RAILROADS · Status: effective

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45 U.S.C. § 354, Disqualifying conditions, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/487169
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Full text

There shall not be considered as a day of unemployment, or as a day of sickness, with respect to any employee— The disqualification provided in subsection (a–2)(iii) of this section shall not apply if the Board finds that— 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— 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. 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.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 93-445(H.R. 15301)1974-10-16
    Railroad Retirement Act of 1974
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-76(H.R. 1646)1983-08-12
    Railroad Retirement Solvency Act of 1983
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-647(H.R. 4333)1988-11-10
    Technical and Miscellaneous Revenue Act of 1988
    House: no recorded tallySenate: no recorded tally