Disqualification for Benefits

Section 282-A:36

    282-A:36 Labor Dispute. –
A person shall be disqualified for benefits for any week with respect to which the commissioner finds that his or her total or partial unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment, or other premises at which he or she is or was last employed; provided that this section shall not apply if it is shown to the satisfaction of the commissioner that:
I. (a) The person is not participating in or financing or directly interested in the labor dispute which caused the stoppage of work; and
(b) The person does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in or financing or directly interested in the dispute; provided that, if in any case separate branches of work which are commonly conducted as separate businesses in separate premises are conducted in separate departments of the same premises, each such department shall, for the purposes of this subsection, be deemed to be a separate factory, establishment, or other premises; or
II. The person has become unemployed and entitled to unemployment compensation before the commencement of the labor dispute and his connection with the employer has been totally severed, including the absence of recall rights, seniority rights and other fringe benefits and indicia of employment; or
II-a. The stoppage of work was due solely to a lockout or the failure of the employer to live up to the provision of any agreement or contract of employment entered into between the employer and his or her employees; or
III. The stoppage of work has continued for a period of 2 weeks after the termination of the labor dispute; or
IV. The person has, since becoming unemployed for the reasons set forth in the introductory paragraph worked in 5 or more weeks in employment as defined in RSA 282-A:9, except RSA 282-A:9, IV(f), or wages earned in a like manner in another state, earning in each week an amount at least equal to such person's maximum benefit rate plus 20 percent thereof, and then becomes unemployed from said employer due to a lack of work.

Source. 1937, 178:1. 1939, 138:10-12. 1941, 103:17-20. RL 218:4. 1945, 138:9, 10. 1947, 59:12, 13. 1949, 185:5, 6. 1953, 209:2, 3; 260:1; 261:3. RSA 282:4(F). 1955, 4:1; 141:9. 1957, 118:4, 5. 1959, 28:2, 3. 1963, 194:5. 1965, 208:3-5. 1967, 75:1; 400:8, 9. 1969, 460:6, 7. 1971, 156:20, 21, 36, 37. 1973, 446:2; 589:3, 4. 1979, 348:13. 1981, 408:3. 1983, 368:2. 2003, 116:7, eff. Aug. 8, 2003.