Ariz. Admin. Code § 6-3-5604

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

Section R6-3-5604 - Termination of the Labor Dispute Disqualification

A. Discharge During Dispute

1. When, during an ongoing labor dispute, the employer discharges a worker who is unemployed due to a labor dispute, the Department shall not end the labor dispute disqualification until the employer establishes that the employer took positive and affirmative action to sever the employer-employee relationship, or the worker establishes that the worker:

a. Has been permanently replaced,

b. Abandoned the strike or dispute, and

c. Unconditionally offered to return to work.

2. Positive and affirmative action by the employer to sever the employer-employee relationship includes:

a. Resumption of operations,

b. Permanent replacement of the discharged worker,

c. Discontinuance of company benefits,

d. Transfer of the employer's location, or

e. Sale of the business.

3. Notwithstanding subsection (A)(1), the Department shall end the labor dispute disqualification and shall determine the worker's eligibility for benefits in accordance with the provisions of A.R.S. § 23-775(2) and Article 51 of this Chapter when the employer severs the employer-employee relationship because the worker:

a. Participates in a strike in violation of a no-strike clause in a collective bargaining agreement; or

b. Commits violence or unlawful conduct during picketing activities on, adjacent to, or directed at the employer's premises, property, operations, or personnel.

B. Quit During Dispute. The Department shall end the labor dispute disqualification if the Department determines the worker quit employment with a labor-dispute employer and does not intend to return to work at the end of the dispute,

C. New Employment During the Dispute. The Department shall end a labor dispute disqualification when the worker involved in an ongoing dispute has had new employment that began after the start of the labor dispute and the worker establishes the following:

1. The worker accepted the employment in good faith. Good faith means that the worker, in accepting the new work, intended to continue in the job and not return to the former employer at the end of the labor dispute.

2. The worker was employed by the new employer for at least 8 weeks, and in each week the worker earned an amount equal to or exceeding the worker's weekly benefit amount. One or more periods of employment, not necessarily consecutive, with 1 or more employers meets the duration test if the total duration is at least 8 weeks.

D. Termination of Dispute. A labor dispute no longer exists at the time the disputants agree it has ended and are willing to resume operations and return to work.

1. If there is no agreement as to the date a dispute has ended, the Department shall establish an ending date from the dates of the following events:

a. The return to normal business operations,

b. The end of bargaining meetings, and

c. The striking unions' notice of a desire to return to work.

2. When a labor dispute ends, the worker is no longer directly interested in, financing, or participating in a labor dispute. The labor-dispute disqualification ends with the last week in which the labor-dispute disqualification is applicable for any portion of a day within the employer's regular work week.

E. Employer's Chargeability. The Department shall determine chargeability for the claimant's base-period employers during and upon termination of the dispute as prescribed in R6-3-1708(D).

Ariz. Admin. Code § R6-3-5604

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