§ 22-4-15-3 — Labor disputes; financing; sympathy strikes

(a) An individual shall be ineligible for waiting
period or benefit rights for any week with respect to which his total or
partial or part-total unemployment is due to a labor dispute at the
factory, establishment, or other premises at which he was last
employed.
(b) This section shall not apply to an individual if he has terminated
his employment, or his employment has been terminated, with the
employer involved in the labor dispute; or if the labor dispute which
caused his unemployment has terminated and any period necessary to
resume normal activities at his place of employment has elapsed; or if
all of the following conditions exist: He is not participating in or
financing or directly interested in the labor dispute which caused his
unemployment: and he does not belong to a grade or class of workers
of which, immediately before the commencement of his
unemployment, there were members employed at the same premises as
he, any of whom are participating in or financing or directly interested
in the dispute; and he has not voluntarily stopped working, other than
at the direction of his employer, in sympathy with employees in some
other establishment or factory in which a labor dispute is in progress.
(c) 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
shall, for the purpose of this section, be deemed to be a separate
factory, establishment, or other premises.
(d) Upon request of any claimant or employer involved in an issue
arising under this section, the deputy shall, and in any other case the
deputy may, refer claims of individuals with respect to whom there is
an issue of the application of this section to an administrative law judge
who shall make the initial determination with respect thereto, in
accordance with the procedure in IC 22-4-17-3.
(e) Notwithstanding any other provisions of this article, an
individual shall not be ineligible for waiting period or benefit rights
under this section solely by reason of his failure or refusal to apply for
or to accept recall to work or reemployment with an employer during
the continuance of a labor dispute at the factory, establishment, or other
premises of the employer, if the individual's last separation from the
employer occurred prior to the start of the labor dispute and was
permanent or for an indefinite period.
Formerly: Acts 1947, c.208, s.1504; Acts 1953, c.177, s.16;
Acts 1971, P.L.355, SEC.37; Acts 1974, P.L.110, SEC.6. As amended
by Acts 1980, P.L.158, SEC.7; P.L.135-1990, SEC.4.