(A) Who is considered a striker?
(1) Anyone involved in a strike or concerted
stoppage of work by employees (including a stoppage by reason of the expiration
of a collective-bargaining agreement) and any concerted slowdown or other
concerted interruption of operations by employees.
(2) Any employee affected by a lockout,
however, shall not be deemed to be a striker.
(3) An individual who goes on strike but is
exempt from work registration
requirements
or completion of the information form on the day
prior to the strike, other than those exempt solely on the grounds of being
employed at the site of the strike, shall not be deemed to be a striker.
Prestrike eligibility shall be determined by considering the day prior to the
strike as the day of application and assuming the strike did not
occur.
(4) When a striker obtains
another job working at least thirty hours per week (or receiving weekly
earnings equal to the federal minimum wage multiplied by thirty hours per
week),
he/she
the
individual becomes exempt from work registration but continues to be
considered a striker until a formal, written resignation is submitted to the
first employer.
(5) Examples of
nonstrikers who are eligible for participation in the supplemental nutrition
assistance program (SNAP) include, but are not limited to:
(a) Employees whose workplace is closed by an
employer in order to resist demands of employees (e.g. a lockout).
(b) Employees unable to work as a result of
striking employees (e.g. striking
newspaper
pressmen
warehouse staff preventing
newspapers
products from being
printed
packed for
delivery and, consequently, truck drivers who are not working because
there are no
papers
packages to deliver).
(c) Employees who are not part of the
bargaining unit on strike not wanting to cross a picket line due to fear of
personal injury or death.
(B) How are benefits calculated for an
assistance group with a striking member?
Income eligibility at the time of application shall be
determined by comparing the striking member's income on the day before the
strike to the striker's current income and adding the higher of the two to the
current income of nonstriking members during the month of application. When the
assistance group is eligible, the higher income figure must also be used in
determining the assistance group's benefit amount.
Whether the striker's prestrike earnings are used or the
current income is used, the earned income deduction shall be allowed
if
when
appropriate. An assistance group shall not receive an increased allotment as
the result of a decrease in the income of the striking member(s) of the
assistance group.
(C) Does a
striker have to work register?
Strikers whose assistance groups are eligible to participate
shall be subject to the work registration requirements unless exempt under rule
5101:4-3-11 of the
Administrative Code the day of application. Strikers subject to work
registration and receiving either a local or state assistance program or SNAP
benefits are subject to the employment and training program unless otherwise
exempt from participation.
Notes
Ohio Admin. Code
5101:4-6-07
Effective:
9/1/2023
Five Year Review (FYR) Dates:
6/13/2023 and
09/01/2028
Promulgated
Under: 111.15
Statutory Authority: 5101.54
Rule
Amplifies: 329.04, 329.042, 5101.54
Prior Effective Dates:
06/02/1980, 10/01/1981, 02/12/1982, 04/01/1983, 07/01/1987 (Emer.), 09/28/1987,
10/01/1990, 12/01/1994, 08/01/1995 (Emer.), 10/13/1995, 02/01/1999, 02/01/2004,
01/01/2009, 06/01/2013, 09/01/2018
