Recent proposals in some states and the current strike announced by the International Longshore Workers once again raises the question as to whether striking workers who are not available for work may be paid unemployment compensation.
Federal law is clear that individuals who are not available for work during a week in which they are otherwise unemployed and eligible for benefits may not be paid.
Section 303(a) (12) of the Social Security Act is clear as a condition of federal administrative grant funding that states may not make payment for weeks if individuals are not available for work.
We reviewed the administrative and substantive issues involved with Labor Disputes and unemployment compensation at the National Unemployment Insurance Issues conference in June. The attached power point presentation from the conference outlines the issues to be addressed.
This outline may be helpful to states, employers and workers in working through the unemployment related issues that arise in the current Longshore labor dispute.
