Current through Register Vol. 46, No. 19, March 20, 2024
(1)
Definition. As used in sections
96.5(3)
"b" (1) and
96.5(4), the term
labor dispute shall mean any controversy concerning terms, tenure, or conditions
of employment, or concerning the association or representation of persons in
negotiating, fixing, maintaining, changing, or seeking to arrange terms or
conditions of employment regardless of whether the disputants stand in the
proximate relation of employer and employee. An individual shall be disqualified
for benefits if unemployment is due to a labor dispute.
(2)
Initial requirements
-workforce development center.
a. As soon as the workforce development center
has knowledge of a labor dispute or work stoppage in its administrative area, a
report on Form 68-0535, Labor Dispute Report, shall be sent to the administrative
office of the department of workforce development, attention: legal counsel,
unemployment insurance services division, advising of the labor dispute or work
stoppage.
b. If the labor dispute or
work stoppage is terminated before the report is transmitted to the legal
counsel, unemployment insurance services division, the information concerning the
termination of the dispute and the date of the worker's return to work must also
be entered on Form 68-0535.
c. When
the labor dispute or work stoppage is terminated subsequent to the filing of the
initial Form 68-0535, the legal counsel, unemployment insurance services
division, shall be notified of the termination and return to work
dates.
d. In those instances where an
association represents a group of employers, include the names and addresses of
the employers who are involved in the labor dispute in your report. Include also
the name and address of the association and the name of the association official
who can furnish information about the work stoppage.
e. In taking initial claims in which there is a
labor dispute, the workforce development center will complete an initial
application for unemployment, Form 60-0330, Application for Job Placement
Assistance and/or Job Insurance, in the normal manner and will also include the
union name and local union number.
f. If a claim notice is inadvertently returned
by the employer to the workforce development center stating there is a labor
dispute, the protest with the postmarked envelope attached shall be transmitted
to the unemployment insurance service center.
g. If there is a work stoppage at the premises
of an employer and it is a known fact that there has not been a union and that at
present there is no union representation nor any attempt by a union to organize
the workers of the plant, a statement must be taken from each individual claiming
benefits.
h. Statements from each
individual claiming benefits are not required on the labor dispute issue whenever
there is union representation even though some of the individuals may not be
union members.
i. Statements from
each individual claiming benefits will be taken whenever the work stoppage is
considered as a nonunion stoppage, meaning no union representation at the
premises of the employer. In such cases, each individual's statement would become
a part of the evidence submitted to the administrative office of the department
of workforce development.
j. When
there is a termination of the work stoppage, or if the issues have not been
resolved and all workers returned to work, a report must be made to the legal
counsel, unemployment insurance services division. The report will include the:
(1) Date on which an agreement was reached on
the issues which caused the work stoppage.
(2) Date on which the workers returned to work,
or a schedule as to how the workers will return to work.
k. The requirements in subrules 24.33(1) and
24.33(2) will cover the establishment and termination reports of the work
stoppage and give the information necessary for the benefits bureau to
investigate the work stoppage when claims are filed on which a protest is made
that the claimant is involved in a work stoppage.
l. During the period of a labor dispute, the
claims involved in the labor dispute are processed as though no separation from
the employer had occurred. Therefore, if an individual is still unemployed after
the termination of the labor dispute, such individual has either been laid off,
voluntarily left, or has been discharged from employment, and an additional claim
must be taken if the individual continues in claim status.
m. When the employer or the union requests
advice and information pertaining to what action should be taken in regard to the
labor dispute, the workforce development center, at that time, should obtain all
the information possible from the caller for inclusion in the labor dispute
report to the unemployment insurance services division.
n. The employer will receive separate notices
of claim filing for each claimant and shall make any protest in the appropriate
section on Form 65-5317, Notice of Claim. The employer will receive a copy of the
decision which may be appealed.
o.
Form 65-5317, Notice of Claim Filing, will be used by the employer to report
total unemployment due to strike, lockout or other labor dispute.
p. Employer shall use Form 60-0154, Notice of
Separation or Refusal of Work, or the electronic version of that form, to report
separations from work by employees for reasons of voluntary leaving, misconduct
and job refusal. Form 60-0154 shall not be used by employers to report labor
disputes because the document is not designed for that type of an employment
separation or work refusal.
(3)
Initial determination.
a. In any case in which the payment or denial
of benefits will be determined by the provisions of Iowa Code section 96.5(4),
the representative of the unemployment insurance services division shall promptly
review the evidence submitted, and such additional evidence as may be required,
and shall make a decision upon the issues involved under that
subsection.
b. The representative of
the unemployment insurance services division shall promptly notify all interested
parties to the claim of the decision. Said parties shall have ten days, from the
date of mailing the decision to the last known address of record, to appeal the
decision.