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MS 2420

[2]

B. Striker Provisions do apply to the following individuals or situations:

1. If both the union and the company consider work stoppage a strike;

2. If an employee participates in a sympathy or support strike;

3. If all non-working members of the bargaining unit are on strike, even if they are not members of the union and regardless of whether they are afraid to cross a picket line;

4. An individual who gets another job while on strike but does not officially resign from the struck company; or

5. If the union calls off the strike, tells the strikers to return to work, and they do not. The employees are considered strikers until they go back to work, are fired, or resign.

C. If the union and the company disagree as to whether the work stoppage is called a strike or a lockout, the State agency must request that a determination be made by the Food and Nutrition Administration (FNA).

Additionally, employees are not exempt from striker provisions for food benefits purposes solely because:

1. The individual receives unemployment compensation; or

2. The struck company has applied for bankruptcy under Chapter 11.]