Labor Disputes Frequently Asked Questions
These are questions and answers that show how various circumstances can affect eligibility for Unemployment Benefits under the provisions of RCW 50.20.090, the "strike law".I voted against the strike although I'm a member of the union on strike. Am I eligible to receive unemployment insurance benefits?
Since the majority of the bargaining unit voted to strike, you are subject to the same disqualification provisions of the statute regardless of how you voted.
What if I don't belong to the union although I'm honoring the picket line; will I be denied unemployment benefits?
If you are honoring the picket line although you are not a union member, you are considered a strike participant and subject to disqualification.
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?
If you decide not to cross the picket line, you are considered a strike participant and subject to disqualification regardless of your union affiliation.
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?
Any employee who elects to honor the picket line when work is available is considered a strike participant and subject to disqualification. This applies regardless of whether one is a union member or an employee of the company being struck. On the other hand, if the employee is laid off by the regular employer due to lack of work, there is no separation issue.
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?
If your union representative has directed you to honor the picket line although continued employment is available, you are considered a strike participant and subject to disqualification. This applies to all unions whether or not they mandate solidarity with the striking union. On the other hand, if the employer says there is no work due to the strike and lays you off, there is no job separation issue.
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?
If your employer lays you off due to lack of work because of a strike, you may be eligible for unemployment benefits. A provision in the law says that if you are not financing or directly interested in the strike you are not subject to disqualification.
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 subject to disqualification.
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?
Subsequent employment will not end the strike disqualification. The disqualification period under the law continues until the strike is terminated. The exception to this is if the employer-employee relationship is severed by either a quit or a discharge. Also, the employer-employee relationship may be severed if the department makes a finding that the employer hired a permanent replacement.
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?
Every individual who is unemployed for whatever the reason has a right to file a claim for unemployment insurance benefits. Federal arbitration findings by the NLRB do not change or affect our state's strike disqualification law. The law in our state specifically imposes a disqualification if the unemployment is due to a strike at the premises at which the individual is or was last employed.
What if after we go on strike the bargaining unit decides to make 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?
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