Frequently asked questions about labor disputes
(Updated September 26, 2008)These questions and answers show how various circumstances can affect eligibility for unemployment benefits under the provisions of RCW 50.20.090, the "strike law.”
Q. I voted against the strike although I'm a member of the union on strike. Am I eligible to receive unemployment insurance benefits?
A. Since the majority of the bargaining unit voted to strike, you are technically “on strike” and are not eligible for unemployment benefits, regardless of how you voted.
Q. I don't belong to the union but I am honoring the picket line. Will I be denied unemployment benefits?
A. If you are honoring the picket line, even though you are not a member of the bargaining unit that is on strike, you are considered a strike participant and will be denied benefits.
Q. My religious beliefs forbid me to join a union or to pay union dues. I do not have the right to vote for or against the strike. Am I eligible for unemployment benefits?
A. If you decide not to cross the picket line, you are considered a strike participant and will be denied benefits, regardless of your union affiliation.
Q. I'm not employed by the employer being struck, but my company contracts work through them. Am I eligible to receive unemployment benefits if I refuse to cross the picket line?
A. Any employee who elects to honor the picket line when work is available is considered a strike participant and will be denied benefits. This applies regardless of whether one is a union member or an employee of the company being struck. On the other hand, if you are laid off by your regular employer due to lack of work, you may qualify for unemployment benefits if you meet all other criteria..
Q. I'm a union truck driver and make daily deliveries to the facilities being picketed. My union says we must honor the picket lines or face union fines. Am I eligible to receive unemployment benefits?
A. If your union representative has directed you to honor the picket line although continued employment is available, you are considered a strike participant and will be denied benefits. This applies to all unions, whether or not they require solidarity with the striking union. On the other hand, if your employer says there is no work due to the strike and lays you off due to lack of work, you may qualify for unemployment benefits if you meet all other criteria..
Q. I am not a member of the striking union. I have been laid off temporarily (an involuntary leave without pay) because there is no work for me. Am I eligible to receive unemployment benefits, and do I have to look for work?
A. If your employer lays you off due to lack of work because of a strike, you may be eligible for unemployment benefits. You must be ready, able, willing and immediately available to accept any offer of suitable work and must actively seek work each week that you claim benefits.
On the other hand, if you refuse to cross the picket line for whatever reason and work remains available, you are considered a strike participant and will be denied benefits.
Q. My union called a strike against my employer and I was denied unemployment benefits because I'm on strike. Will I still be denied benefits if I get a job through my union and get laid off due to lack of work?
A. If you get a job while you are on strike and are laid off before the strike is over, you will continue to be disqualified from receiving unemployment benefits. By law, the disqualification period continues until the strike is terminated. The exceptions to this are if you formally quit the job you are striking, if your employer terminates you, or if Employment Security makes a finding that your employer hired a permanent replacement.
Q. I'm on strike and my union has filed "unfair labor practice" charges against our employer through the National Labor Relations Board (NLRB). Should I apply for benefits, and am I eligible if the NLRB finds my employer guilty of unfair labor practices?
A. Every individual who is unemployed for whatever the reason has a right to file a claim for unemployment insurance benefits. However, federal arbitration findings by the NLRB do not change or affect our state's strike disqualification law. The law in our state specifically disqualifies you from receiving unemployment benefits if your unemployment is due to a strike at the premises where you are or were last employed.
Q. What if, after we go on strike, the bargaining unit makes an unconditional offer to return to work but our employer decides to lock us out until an agreement is ratified? Will we be eligible for unemployment insurance benefits?
A. Locked-out employees are entitled to receive unemployment insurance benefits, unless the lockout is by an employer of a multi-employer bargaining unit and after one employer in the unit has been struck. Questions or comments? Contact the Labor Liaison.
Q. If I’ve been locked out by my employer and I qualify for unemployment benefits, do I have to actively look for another job since I will eventually return to my current employer?
A. No, you will not be required to look for other work during the lockout. However, if your employer permanently replaces you during the lockout, you must then actively seek other employment.
Q. I am a member of the union that is on strike and I have decided to apply for unemployment benefits. Do I have to meet the state’s weekly job-search requirements while I am waiting for a response to my application? What about if my application is denied and I decide to appeal the decision?
A. Striking workers are not eligible for unemployment benefits. If you exercise your right to apply for unemployment benefits while you are on strike (or appeal our decision), you are not required to actively seek other work during the strike period.
