Union strike

[ILLMAS]

Just to confirm, no employee can go on unemployment if there is a union strike, the union will pay a small amount to the employeees.

Thanks

[Kea]

I don't think they qualify for unemployment since the strike would be considered "voluntary." And, depending on the union, the amount they pay could be very small or non-existent. This is why most strikes don't last very long.

[Don in Upstate NY]

Just to confirm, no employee can go on unemployment if there is a union strike, the union will pay a small amount to the employeees.

Thanks

I could envision a scenario where a strike would cause the employer to suspend operations and lay-off some exempt and/or non-union employees. It would seem that they would be eligible for unemployment.

[tim g]

Just to confirm, no employee can go on unemployment if there is a union strike, the union will pay a small amount to the employeees.

Thanks

I know of one instance a striking employee can collect unemployment. If some employees decide to return to work without a contract and the employer locks the employees that want to work out. This creates a lockout situation and all employees can become eligible for unemployment. It is rare but it does happen on a few occasions. My wife went on strike last year and the company locked down a location for the duration of the strike. The striking employees at that location did collect unemployment.

[ILLMAS]

I could envision a scenario where a strike would cause the employer to suspend operations and lay-off some exempt and/or non-union employees. It would seem that they would be eligible for unemployment.

I think your scenario is right on the money as they say, client employees are not on strike, it the machine operator who are on strike. My client delivers (trucking businsess) asphalt and the machine operator laid it down, so there is no work for the employees because of the strike, so now I believe they are able to go and cliam unemployment.

Thanks

[Kea]

I believe you are correct. I had assumed from the original post that you were referring to an employee who was on strike. I should know better than to assume!

[Pacun]

It really depends on the state laws, the union rules and the labor contract. If the contract reads: "in the event of a union declared strike, the employer can lock its facilities 4 hours after the strike has began".

When some unions declare a trike, it means all its members are on strike. The members that don't adhere to the strike (if the union prevails), they are fired by management at the request of the union without unemployment benefits.

This easily becomes unknown territory. Don't you think that we are a bit off from taxes on this subject? Maybe we should NT it. In my practice, I don't know how they collected unemployment, the only item that tells me that my clients collected unemployment is the form on my desk or hand or from questioning my clients. Prior to that, I do not advise or suggest to them to collect unemployment, just because I don't feel confortable with it.

[mcb39]

It is not off taxes because Unemployment Benefits, if received, are taxable income. It is also an interesting subject scenario that "could" affect any of us at some given time. IMO