2011 ORS § 657.200¹
Labor dispute disqualification
- • exceptions
(1) An individual is disqualified for benefits for any week with respect to which the Director of the Employment Department finds that the unemployment of the individual is due to a labor dispute that is in active progress at the factory, establishment or other premises at which the individual is or was last employed or at which the individual claims employment rights by union agreement or otherwise.
(2) When an employer operates two or more premises in the conduct of business they shall be considered one premises for the purposes of this chapter if the labor dispute at one makes it impossible or impractical to conduct work at the others or in a normal manner.
(3) This section does not apply if it is shown to the satisfaction of the director that the individual:
(a) Is unemployed due to a lockout, as defined in ORS 662.205 (Definitions for ORS 662.205 to 662.225), at the factory, establishment or other premises at which the individual was last employed; or
(b)(A) Is not participating in or financing or directly interested in the labor dispute that caused the unemployment of the individual; and
(B) Does not belong to a grade or class of workers of which, immediately before the commencement of the labor dispute, there were members employed at the premises at which the labor dispute occurs, any of whom are participating in or financing or directly interested in the dispute.
(4) An individual who meets all other applicable benefit eligibility requirements of this chapter is not disqualified from receipt of benefits by this section if:
(a) The individual was laid off from the employer prior to commencement of the labor dispute, did not work for the employer more than seven days during the 21 calendar days immediately prior to the commencement of the labor dispute and meets the requirements of subsection (3)(b)(A) of this section; or
(b) During the labor dispute, the individuals job or position is filled by the employer hiring a permanent replacement and the following conditions are met:
(A) The individual subsequently unilaterally abandons the labor dispute and affirmatively seeks reemployment with the employer; and
(B) The individual meets the requirements of subsection (3)(b)(A) of this section.
(5) An individual who maintains membership in a labor union or who continues to pay labor union dues does not violate the provisions of subsection (3)(b)(A) of this section, for the purpose of subsection (4) of this section. [Amended by 1985 c.133 §1; 1989 c.1095 §1; 2007 c.600 §1]