Ariz. Admin. Code § 6-3-5601

Current through Register Vol. 30, No. 25, June 21, 2024

Section R6-3-5601 - Definitions and Explanation of Terms

The following definitions and explanation of terms apply to A.R.S. § 23-777 and Article 56 of this Chapter:

1. "Class" means a number of grades of workers, joined together for a common purpose.

2. "Directly interested in," when used in reference to a labor dispute, means that an employee is a member of a bargaining unit in which the terms or conditions of the employee's work will be directly affected by the outcome of a dispute.

a. An employee may be directly interested in the labor dispute even though the employee is not a member of a striking union.

b. An employee may be directly interested in a dispute even though the employee offered to continue working, or voted against or otherwise opposed the labor dispute.

c. An employee is not directly interested in a dispute if the employee was not in the bargaining unit involved in the labor dispute but may benefit from the labor dispute because the employer's practice is to bring the employment status of all the employees into line with a settlement reached with any particular group of employees.

3. "Establishment" means more than a factory or other business premises and may include combinations or portions of factories or other premises. An establishment is each separate project of an employing unit if the project is a separate activity for the purpose of employment.

4. "Financing," when used in reference to a labor dispute, means that an employee is contributing money to enable workers to strike. Mere payment of union dues is not financing a labor dispute. If all or a portion of the employee's union dues are used to pay strike benefits, or to, in some other way, support the employee's union or another union involved in a labor dispute at the establishment at which the employee is or was last employed, the employee is financing a labor dispute.

5. "Grade" means a particular classification within an occupation, such as apprentice or journeyman.

6. "Labor dispute" means any controversy between employees and their employer over terms, tenure, or conditions of employment, or the association or representation of employees in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment. A labor dispute may exist without a union or a collective bargaining agreement. A strike or a lockout is a form of labor dispute.

7. "Lockout" means that an employer is withholding employment from a group of employees to obtain the employees' acceptance of the employer's terms. A lockout does not require the inclusion of all employees in a particular grade or class. A lockout exists when all the following conditions are present:

a. The employer demands some concession from the employees,

b. The employer withholds employment in order to gain the concession, and

c. The employer intends to resume operations with the same employees when the concession is gained.

8. "Member of a bargaining unit" means any employee or group of employees, whether or not the employees belong to a union or other trade organization, who are members of a grade or class of employees represented by a bargaining unit that engages in bargaining on wages or other conditions of work.

9. "Participating in," when used in reference to a labor dispute at an establishment at which an employee is or was last employed, means that the employee has taken definite action such as stopping work, walking out, striking, picketing, or otherwise lending tangible aid to the worker group directly involved. Membership in a labor organization or union involved in a labor dispute is not participating in the dispute in the absence of other actions.

a. An employee participates in a dispute if the employee refuses to cross a picket line at an establishment at which the employee is or was last employed, regardless of whether the employee is a member of the picketing union, if:

i. The employee's job was open and work was available so the employee could have worked had the employee crossed the picket line; and

ii. The employee's refusal to cross was voluntary. The employee's refusal is not voluntary if the employee risked physical violence by crossing the picket line.

b. If the reason for the employee's failure to cross a picket line is respect for the strikers' cause, the employee is participating in the dispute.

10. "Strike" means that employees have stopped working because the employees have not reached an agreement with their employer on terms or conditions for continued employment, or the employer has refused the employees' demands for changes in the terms or conditions of employment. A strike exists when all the following conditions are present:

a. The employees have demanded an agreement with the employer or some concession from the employer,

b. The employees stop working in order to win the concession, and

c. The employees intend to return to work when the agreement with the employer is reached or the concession is won.

Ariz. Admin. Code § R6-3-5601

Adopted effective July 22, 1997 (Supp. 97-3).