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If someone is locked out can he or she get unemployment benefits? (Original Post) dsc Sep 2012 OP
Yes louis c Sep 2012 #1
I figured as much dsc Sep 2012 #2
I read that almost all of them have second jobs. former9thward Sep 2012 #3
well yeah for the refs dsc Sep 2012 #4
And someone who is layed off because of a strike SheilaT Sep 2012 #5
Was on strike twice and received unemployment, the company wanted doc03 Sep 2012 #6
I think my union (USW) set the precedent for that back in doc03 Sep 2012 #8
Yes, my Dad did when American Crystal Sugar locked him out. Odin2005 Sep 2012 #7
 

louis c

(8,652 posts)
1. Yes
Sat Sep 29, 2012, 06:50 PM
Sep 2012

A locked out worker is not working by the actions of the employer.

A worker on strike is not working by the choice of the employee.

A locked out worker is part of a collective bargaining agreement where the union wants to continue working and bargaining, but the employer refuses to do so.

A worker on strike is exercising the opposite position.

As a result, the locked out worker is entitled to unemployment benefits.

A worker on strike is generally not entitled.

dsc

(52,164 posts)
2. I figured as much
Sat Sep 29, 2012, 06:52 PM
Sep 2012

add in any kind of union strike fund and workers could end up being able to hold out for 6 months or more.

former9thward

(32,046 posts)
3. I read that almost all of them have second jobs.
Sat Sep 29, 2012, 06:55 PM
Sep 2012

So they would not get benefits because they are working elsewhere.

 

SheilaT

(23,156 posts)
5. And someone who is layed off because of a strike
Sat Sep 29, 2012, 07:15 PM
Sep 2012

by union members elsewhere in the company, is also entitled to unemployment benefits.

doc03

(35,358 posts)
6. Was on strike twice and received unemployment, the company wanted
Sat Sep 29, 2012, 09:07 PM
Sep 2012

concessions and the Union offered to continue working under the existing contract. All three states involved OH PA and WV declared it a lockout and paid us. One strike was 100 days the other was 10 1/2 months.

doc03

(35,358 posts)
8. I think my union (USW) set the precedent for that back in
Sat Sep 29, 2012, 09:20 PM
Sep 2012

1985. The company wanted concessions and our union offered to continue working under the existing contract, it went through the courts for 3 months and finally the state of PA caved in. After that WV and Ohio followed. Our contract was settled within a week.

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