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West Virginia Income Maintenance Manual Chapter 4
West Virginia Income Maintenance Manual Page 97 Chapter 4 Income
• If the AG was eligible and receiving SNAP benefits the day prior to the strike, pre-strike eligibility is assumed. If not, it is necessary to determine if the AG would have been eligible the day prior to the strike, had they applied. If the AG would not have been eligible prior to the strike, they are ineligible for current SNAP benefits. • The individual who is participating in the strike is exempt from work requirements for any reason other than employment. Refer to Chapter 14. 4.4.4.I.3 Who Is Not a Striker? The following persons are not considered strikers: • An individual who is not a part of the striking union or concerted work stoppage; • An employee who is not working because of a lock-out by the employer; • Employees who are laid off or for whom there is no work because of a strike; • An employee who is not a member of a striking union, but who cannot cross a picket line because of fear of personal injury or death. Any person, who is prohibited by his union's by-laws from crossing a union picket line may feel he faces the possibility of personal injury if he does cross the picket line of the union that is striking or conducting a concerted work stoppage. The DFA Policy Unit must be contacted before a decision is made on these cases. The DFA Policy Unit will determine if each member of the non- striking union does face the possibility of personal injury by crossing the picket line of the striking group. The DFA Policy Unit will determine if the entire non-striking union may be considered non-strikers, or if the decision about the possibility of harm must be made on a case-by-case basis, after consultation with the Food and Nutrition Service of the United States Department of Agriculture (FNS). 4.4.4.I.4 Striker Criteria The following points are considered in determining whether or not to consider an individual a striker: • If both the union and the company consider the work stoppage to be a strike, the individual is a striker. • If both the union and the company consider the work stoppage to be a lockout, the individual is not a striker.