Section 592. Suspension of accumulation of benefit rights  


Latest version.
  • 1. Industrial
      controversy. The accumulation of benefit rights by a claimant  shall  be
      suspended  during a period of seven consecutive weeks beginning with the
      day after such claimant lost his or her employment because of  a  strike
      or other industrial controversy except for lockouts, including concerted
      activity  not  authorized  or  sanctioned by the recognized or certified
      bargaining agent of the claimant, and other concerted activity conducted
      in violation of any existing collective  bargaining  agreement,  in  the
      establishment  in  which  he  or  she  was employed, except that benefit
      rights may be accumulated before the  expiration  of  such  seven  weeks
      beginning with the day after such strike or other industrial controversy
      was  terminated;  provided, however, this waiting period shall not apply
      upon the hiring of a permanent replacement  worker  for  the  employee's
      position  by  the employer. A replacement worker shall be presumed to be
      permanent unless the employer certifies in  writing  that  the  employee
      will  be  able to return to his or her prior position upon conclusion of
      the strike, in the event the strike terminates prior to  the  conclusion
      of  the employee's eligibility for benefit rights under this chapter. In
      the  event  the  employer  does  not  permit  such  return  after   such
      certification,  the  employee shall be entitled to recover with interest
      any benefits lost as a result of the seven week suspension of  benefits,
      and the department may impose a penalty upon the employer of up to seven
      hundred fifty dollars per employee per week of benefits lost.
        2. Concurrent payments prohibited. No days of total unemployment shall
      be  deemed to occur in any week with respect to which or a part of which
      a claimant has received or is seeking  unemployment  benefits  under  an
      unemployment  compensation  law  of  any  other  state  or of the United
      States, provided that this provision shall not apply if the  appropriate
      agency  of  such  other state or of the United States finally determines
      that he is not entitled to such unemployment benefits.
        3. Terms of suspension. No waiting  period  may  be  served  during  a
      suspension period.
        The  suspension  of  accumulation  of  benefit  rights  shall  not  be
      terminated by subsequent employment of the claimant irrespective of when
      the claim is filed except as provided in subdivision one and  shall  not
      be confined to a single benefit year.
        A  "week"  as  used in subdivision one of this section means any seven
      consecutive calendar days.