Current through Register Vol. 18, September 20, 2024
(1) For the
purposes of
39-51-2305, MCA, and of this rule,
the following definitions and interpretations apply:
(a) "Grade or class of workers" means:
(i) workers who are members of a particular
bargaining unit; or
(ii) workers
whose jobs are similar or integrated or who have substantial mutual interests
or similarities in wages, hours, and other conditions of
work.
(b) "Labor dispute"
means any controversy concerning terms, tenure, or conditions of work or
concerning the association or representation of persons in negotiating, fixing,
maintaining, changing, or seeking to arrange terms or conditions of work,
regardless of whether the disputants stand in the proximate relation of
employer and employee.
(c) "Strike"
means a concerted cessation of work by workers in an effort to obtain or to
resist some change in conditions of work.
(2) A worker is participating in the labor
dispute if the worker:
(a) is picketing,
refusing to cross a picket line, or refusing to report for work; or
(b) is a member of a bargaining unit that
voted to authorize the strike.
(3) A worker is financing the labor dispute
if the worker, or the worker's union, has contributed time or money, directly
or through a special assessment:
(a) to
affect the outcome of the labor dispute;
(b) to further the objectives of the strike;
or
(c) to provide aid or support to
the union or workers participating in the strike.
(4) A worker is directly interested in the
labor dispute if, immediately before the strike began, the worker:
(a) is of the same grade or class of workers
as the workers participating in or financing the strike; and
(b) is employed at the same factory,
establishment, or premises as the workers who are participating in or financing
the strike.
(5) The
factors enumerated in (2), (3), and (4) are not exhaustive. The department may
consider factors not listed here to determine a worker's participation,
financing, or direct interest in a labor dispute. The department's
determination must be supported by a preponderance of the evidence and as a
matter of law.
(6) If a state or
federal agency, or court with jurisdiction, determines that the strike was
based on the employer's unfair labor practice or other violation of law
pertaining to hours, wages, or other conditions of work, a worker who was
disqualified from benefits under this rule will become qualified on the Sunday
of the week the determination of the employer's unlawful conduct is
made.
(7) If no violation of law is
found under (6), a worker who is disqualified from benefits under this rule
will remain disqualified until the end of the week in which:
(a) the strike is abandoned, and the worker,
or the worker's union, makes an unconditional offer to return to work;
or
(b) there has been a complete
and bona fide termination of the work relationship between the worker and the
employer. The permanent replacement of a striking worker will be considered to
constitute a complete and bona fide severance of the work relationship between
the worker and the employer only upon a final determination by a state or
federal agency or court with jurisdiction to make such a determination that the
worker has no rights of reinstatement.
AUTH:
39-51-301,
39-51-302, MCA; IMP:
39-51-2305,
MCA
