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West Virginia Income Maintenance Manual Chapter 4
West Virginia Income Maintenance Manual Page 98 Chapter 4 Income
• The fact that a person receives unemployment compensation insurance (UCI) benefits does not necessarily mean that the individual is not a striker. • Employees who participate in sympathy or support strikes are considered to be strikers. • All non-working members of the bargaining unit, which is on strike are strikers, even if they are not members of the union, regardless of their fear of crossing a picket line. Members of the bargaining unit who are working are not considered strikers. • If the company fires the employee while he is on strike, the employee is no longer considered a striker. • If the employee officially resigns from his job while on strike, the employee is no longer considered a striker. • If an individual obtains other employment while on strike, but he does not resign, the individual is still a striker. • If the company hires permanent replacements for the individuals who are striking, the individuals are no longer considered strikers. • If the company does not allow the individuals who are striking to return to their old jobs, but offers them different ones, the individuals are no longer considered strikers. Employees must be able to return to the same jobs they left when the strike began to be considered strikers. • If an employee was locked out by the company the day before the strike, the employee is not considered a striker. • If the union calls off the strike and tells the individuals who are striking to go back to work, and they do not, the individuals are considered strikers until the individuals go back to work, are fired, or quit. • If the company lays off, furloughs, or otherwise notifies employees who are not part of the bargaining unit that no jobs are available because of the strike, these employees are not considered strikers. • If an individual was laid off when the strike began, the individual is not considered a striker. • Self-employed persons, such as independent long-distance truckers, are not considered strikers. • The fact that the company has applied for Chapter 11 bankruptcy does not mean that the individuals are not considered strikers.