Bruce E. McFarland v. Railroad Retirement Board

This is a petition for review of a decision of the Railroad Retirement Board denying petitioner unemployment benefits under the Railroad Unemployment Insurance Act, 45 U.S.C.A. §§ 351-367 , with respect to any of the days from February 23, 1956, through May 30, 1956. The denial was on the ground that petitioner was not during that period “available for work” as that term is defined in 45 U.S.C.A. § 351 (k). This provision, so far as here material, reads: “(k) Subject to the provisions of section 354 of this title (1) a day of unemployment, with respect to any employee, means a calendar day on which he is able to work and is available for work * * .”

Petitioner, who is about thirty years old, is a brakeman with the Southern Pacific Company. lie had low seniority, and for several years had been laid off work during the usually slack period of January through May. The procedure of the Railroad Company in such matters is to furlough the employee for the period when it is known he will not be called for work. The effect of such furlough is to relieve the employee of the possibility of his being recalled to work, while allowing him to maintain his status as an employee for seniority…