(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 requirementsor 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/shethe
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 pressmenwarehouse
staff preventing newspapersproducts from being printed packed for delivery and, consequently, truck
drivers who are not working because there are no paperspackages 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 ifwhen 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.
Effective: 9/1/2023
Five Year Review (FYR) Dates: 6/13/2023 and 09/01/2028
Certification: CERTIFIED ELECTRONICALLY
Date: 08/21/2023
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