(1)(a) For purposes
of this section:
(I)Coordinated bargaining means two or more employers bargaining with a
union where there is communication and accommodation among the employers but
where each is free to make independent decisions on some or all of the issues being
negotiated with the union, either written notification of the intent to engage in
coordinated bargaining has been provided to the union or the union has rejected an
offer to engage in multiemployer bargaining, and one or more representatives of
each employer participating in the coordinated bargaining is present at one or more
bargaining sessions.
(II)Defensive lockout means a lockout:
(A)Reasonably imposed by an employer to protect materials, property, or
operations; or
(B)Where a union or two or more empl
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(1) (a) For purposes
of this section:
(I) Coordinated bargaining means two or more employers bargaining with a
union where there is communication and accommodation among the employers but
where each is free to make independent decisions on some or all of the issues being
negotiated with the union, either written notification of the intent to engage in
coordinated bargaining has been provided to the union or the union has rejected an
offer to engage in multiemployer bargaining, and one or more representatives of
each employer participating in the coordinated bargaining is present at one or more
bargaining sessions.
(II) Defensive lockout means a lockout:
(A) Reasonably imposed by an employer to protect materials, property, or
operations; or
(B) Where a union or two or more employees that are represented by the
union take economic action against an employer and that action causes the
employer to lock out; or
(C) By any member of a multiemployer bargaining unit or an employer
engaged in coordinated bargaining with one or more other employers if such
lockout is initiated because of a strike or labor dispute involving any member of
such multiemployer bargaining unit or coordinated bargaining group.
(III) Lockout means a refusal by an employer engaged in a dispute with a
union to permit its employees to perform employment services.
(IV) Multiemployer bargaining unit means any group of two or more
employers bargaining with a union as a single unit with the consent of each
employer and the union.
(V) Offensive lockout means any lockout by an employer that does not
satisfy the definition of a defensive lockout.
(VI) Strike or labor dispute means the withholding of employment services
or other economic action by two or more employees that are represented by the
union directed at an employer's business.
(b) An individual is ineligible for unemployment compensation benefits for
any week with respect to which the division finds that his or her total or partial
unemployment is due to a strike or labor dispute in the factory, establishment, or
other premises in which he or she was employed and thereafter for such reasonable
period of time, if any, as may be necessary for such factory, establishment, or other
premises to resume normal operations.
(c) For the purposes of this section, a lockout by any member of a
multiemployer bargaining unit or an employer engaged in coordinated bargaining
with another employer shall constitute a labor dispute if such lockout was a
defensive lockout. In accordance with paragraph (b) of this subsection (1), the
employees laid off in such a defensive lockout are ineligible for unemployment
compensation benefits.
(d) However, notwithstanding paragraph (b) of this subsection (1), if his or her
unemployment is due to an offensive lockout initiated by the employer, the
individual will be determined eligible for unemployment compensation benefits.
(2) This section shall not apply if he is not participating in or financing or
directly interested in the strike as an individual or as a member of the grade or class
of workers conducting the strike. Participating in a strike shall include refusal to
cross the picket line.
(3) If in any case separate branches of work which are commonly conducted
as separate businesses in separate premises are conducted in separate
departments of the same premises, each such department, for the purposes of this
section, shall be deemed to be a separate factory, establishment, or other premises.