Ariz. Admin. Code § R6-3-5603 - Eligibility during a Labor Dispute

A. When a worker's unemployment results from action taken in anticipation of the labor dispute but occurring before the dispute starts, the worker's unemployment is not due to the labor dispute. The start of a labor dispute does not change the reason for a worker's unemployment if the unemployment preceded the dispute.

B. When a labor dispute begins while a worker is on an approved absence from work, and the worker does not return to work at the end of the absence because of the labor dispute, the worker's unemployment is due to the labor dispute. An example of an approved absence is vacation, sick leave, or other similar reasons.

C. When a worker who is a member of a grade or class of workers participating in, financing, or directly interested in a labor dispute did not go out on strike with the other members, but subsequently became unemployed because the employer limits or stops work as the result of the strike, the worker is unemployed due to a labor dispute pursuant to A.R.S. § 23-777.

D. When an employer can no longer provide work to a worker who is not participating in, financing, or directly interested in a labor dispute because of the absence of other workers who are on strike, the worker is unemployed due to a lack of work as a result of the labor dispute. The Department shall not charge the employer for any benefits paid to the worker while the worker's unemployment is a result of the labor dispute.

Notes

Ariz. Admin. Code § R6-3-5603

Adopted effective July 22, 1997 (Supp. 97-3).