Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.33 - Labor Disputes

Current through Register Vol. 47, No. 3, July 24, 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.