SECTION 240:10-3-42. Labor disputes

(a)   Initial notice to Commission. In cases of unemployment due to a strike, lockout or other labor dispute, the employing unit shall mail to the Oklahoma Employment Security Commission, Benefits, P. O. Box 52003, Oklahoma City, Oklahoma 73152-2003, a notice setting forth the existence of such dispute and the approximate number of workers affected.

(b)   List of participants. Upon request by the Commission, such employing unit shall furnish to the Commission the names and Social Security account numbers of workers ordinarily attached to the department or the establishment where unemployment is caused by strike, lockout, or labor dispute.

(c)   Status report of labor dispute. After the Appeal Tribunal has determined that a labor dispute exists, the Commission shall, once a month, send a request to the employer and the union representative or employee representative asking for the status of the labor dispute.

(d)   Claim processing. In order to expedite the determination of whether or not a labor dispute exists, once the Appeal Tribunal has received notice that a possible labor dispute exists, and it has received the names and Social Security account numbers of workers ordinarily attached to the department or the establishment where the dispute exists (OAC 240:10-3-42 (a) and (b)), the Appeal Tribunal may accept a stipulation from any claimant,on a form to be designated by the Commission, that said claimant will be represented in his/her claim before the Appeal Tribunal as to the existence or not of a labor dispute by a named agent or representative. Said form shall enable the Appeal Tribunal to rule on the existence of a labor dispute, which determination shall be binding on all claimants who have stipulated to the representation by the agent.

(e)   Interim employment. Any claimant for unemployment benefits who has been determined tobe ineligible to receive benefits because he/she is involved in a labor dispute may become eligible for benefits if he/she has accepted other employment and has earned wages equal to or in excess of ten (10) times his/her weekly benefit amount, provided he/she otherwise qualifies. Provided further, that the base period employer or employers shall not be charged for any benefits paid.

[Source: Amended at 12 Ok Reg 1375, eff 5-26-95; Amended at 24 Ok Reg 1233, eff 5-25-07]