10-144-301 Me. Code R. § 400-FS 444-9

Current through 2024-51, December 18, 2024

Section 144-301-400-FS 444-9 - Strikers

GENERAL RULE - A household with a striking member is ineligible, unless it was eligible on the day prior to the strike. Households receiving benefits on the day prior to the strike cannot receive an increase in benefits due to the decreased income of a striking member.

Pre-strike income is determined by comparing the striker's income prior to the strike to his current income, and then adding whichever is more to the rest of the household's current income. The earnings deduction is allowable.

NOTE: Vehicles normally exempt from equity consideration retain the exempt status during the strike.

Striking members of eligible households are subject to work requirements. Those members who are exempt from work registration are not considered strikers.

A striker is anyone involved in a strike or concerted stoppage, slowdown, or interruption of work by employees.

Some examples of non-strikers are:

1. Employees unable to work as a result of other employees striking;

2. employees whose place of employment is closed by an employer;

3. employees who are not part of the unit on strike, but do not want to cross a picket line due to fear of injury or death.

In all cases of a strike where permanent replacements have been hired by the company, the persons whose jobs are replaced, are no longer considered strikers. They must be able to return to the same job they left when the strike began to be considered a strike.

10-144 C.M.R. ch. 301, § 400-FS 444-9