since the contractor's are replacing my job as a driver with non union driver how does this effect the 7 week wait for unemployment....if I am replaced as a driver can't I collect UI now... instead of seven week from the beginning of the strike??
FROM UI: If you lose your job due to a labor dispute, such as a strike or other industrial controversy, you may be eligible for UI benefits after 49 days.
You may be eligible sooner if:
-The labor dispute ends and you are still unemployed
-Your employer hires permanent replacement workers
-There is a lockout
Eucerin thats a good point and UI to me hasnt been clear on this should these companies be able to work. If in fact the City says we cant return as we have offered to is this now a lockout instead of a strike?
I think the key is at what point do they become "permanent" replacement workers. I don't know how that is defined.
I thought I was a permanent driver...now it seems I was just a 15 year temporary driver
Quote from: Buzz on January 31, 2013, 01:40:45 AM
I think the key is at what point do they become "permanent" replacement workers. I don't know how that is defined.
Buzz...according to the Dept of labor website the employer must certify in writing that the replacement employees are temporary. If not then strikers are eligible for unemployment.
http://www.labor.ny.gov/ui/aso/Section_1300.htm
Quote from: Squid on January 31, 2013, 04:39:45 AM
Quote from: Buzz on January 31, 2013, 01:40:45 AM
I think the key is at what point do they become "permanent" replacement workers. I don't know how that is defined.
Buzz...according to the Dept of labor website the employer must certify in writing that the replacement employees are temporary. If not then strikers are eligible for unemployment.
http://www.labor.ny.gov/ui/aso/Section_1300.htm
Great find, and thanks. You're right, it states,
"A replacement worker shall be presumed to be permanent unless the employer certifies in writing that the employee will be able to return to his or her prior position upon conclusion of the strike ..."Now the question is which workers have been replaced? Will it be according to whose run they're doing? And how does one notify unemployment that this is the case?
(With still coping with the effects of Sandy and trying to get my house restored, I just haven't had the time to research strike related questions to the extent I normally would. I can only handle one disaster at a time. Thanks for the info.)