§ 28-44-16 - Labor disputes.

SECTION 28-44-16

   § 28-44-16  Labor disputes. – (a) An individual shall not be entitled to benefits if he or she becameunemployed because of a strike or other industrial controversy in theestablishment in which he or she was employed. This section shall not apply ifit is shown to the satisfaction of the director that the claimant is not amember of the organization or group responsible for the labor dispute and isnot participating in or financing or in any way directly interested in thelabor dispute.

   (b) Lockouts. Notwithstanding the provisions ofsubsection (a) of this section, an individual shall be entitled to benefits ifhis or her unemployment is the result of his or her employer's withholding ofemployment for the purpose of resisting collective bargaining demands orgaining collective bargaining concessions, unless:

   (1) The claimant's employer is a member of a multi-employercollective bargaining group and the lockout is in response to a strike atanother member of that multi-employer collective bargaining group; or

   (2) The claimant's employer establishes to the satisfactionof the director that it has offered to the labor organization representing theclaimant an extension of then existing wages, hours, and working conditions,including enforceable no strike and no lockout prohibitions, for up to three(3) days and the lockout is in response to the labor organization's refusal toexecute the extension.

   (c) If the unemployment continues more than one weekfollowing the conclusion of a labor dispute, an individual who is otherwiseeligible under the terms of this chapter shall be entitled to benefits.