Workers in active labor disputes would face unemployment benefit denial

The Oregon Employment Department would deny unemployment benefits when an active labor dispute causes a worker’s unemployment, unless an exception applies. The rule covers a worker’s current or last workplace, or one where they claim employment rights. An employer’s workplaces count as one if the dispute makes normal work at the others impossible or impractical. Lockouts at the worker’s last workplace are exempt. Workers outside the dispute must neither participate in it, finance it, nor have a direct interest in it. No workers in their job group at that workplace immediately before the dispute may do so either. Workers laid off before the dispute must have worked for the employer no more than seven days in the preceding 21 calendar days. They must not participate in the dispute, finance it, or have a direct interest in it. Workers whose jobs are filled by permanent replacements must abandon the dispute and seek reemployment with the employer. They must not participate in the dispute, finance it, or have a direct interest in it. Union membership and dues alone do not defeat this exception or the prior-layoff exception. Workers who stop or refuse work because their employer breaches an active union agreement by changing wages are exempt from this denial. Other benefit requirements still apply. The denial would apply to each week when an active labor dispute causes the worker’s unemployment.

Employers, judges, and arbitrators could not reduce back pay because a worker received unemployment benefits for the same period. These rules cover workers receiving back pay, including pay used to settle a strike. Strike settlement pay alone would not trigger repayment under this benefit-recovery rule. Benefits received because of false statements, misleading information, or missing important facts could still require repayment, regardless of the worker’s knowledge or intent.