Michigan Mediation Lawyers

Labor Dispute In Michigan

The issue which is covered by Section 29(8) of the Michigan Employment Security Act, and by UIA Administrative Rule 251. The law says that if a worker is unemployed due to a labor dispute involving the worker's employer, and the worker is "directly involved" or "directly interested" in the labor dispute, the worker must be disqualified from receiving unemployment benefits.

The law says a worker will be considered "directly involved" in a labor dispute if the worker (1) voluntarily stops working while a labor dispute is in progress at the workplace; or (2) voluntarily stops working in sympathy with workers involved in a labor dispute at another workplace; or (3) becomes unemployed when any group of workers in the work establishment are involved in a labor dispute, even if the worker is not a part of that labor union. A worker will be considered "directly interested" in a labor dispute if the worker is helping to finance a labor dispute (other than through the payment of regular union dues), or if the worker would benefit from the settlement of the labor dispute, such as by higher wages, better hours, or other improvement in conditions of employment.

The disqualification will be ended if a worker finds work with another employer, works at least two consecutive weeks with that employer, and earns each week at least what the worker would have received each week in unemployment benefits.

Court cases have said that the disqualification must be imposed whether the labor dispute is in the form of a strike by the workers, or (with some exceptions) a lockout by the employer. Cases have also said that the disqualification ends when a worker is permanently replaced, because at that point the worker's unemployment is due to the replacement and not to the labor dispute. However, if a replaced worker is then offered a specific job by the employer, and the union has also been notified by the employer of the vacancy, then the worker who refuses the job would once again become subject to the labor dispute disqualification.

Contact Michigan Mediation Attorneys

Contact a Mediation Lawyer now for a free case review.