Or. Admin. Code § 461-130-0328

Current through Register Vol. 63, No. 11, November 1, 2024

Section 461-130-0328 - Effect of Strikes

(1) For the purposes of this rule, "striker" means anyone participating in a strike or concerted stoppage of work by employees (including a stoppage by reason of the expiration of a collective-bargaining agreement) or any concerted slowdown or other concerted interruption of operations by employees. An individual is not a "striker" if the individual is:

(a) An employee affected by a lockout;

(b) An individual who goes on strike but who is exempt (see OAR 461-130-0305) from participating in an employment program under this division of rules the day prior to the strike, unless exempt solely on the ground that the individual is employed; or

(c) An individual who is not part of a bargaining unit on strike and does not want to cross a picket line due to fear of personal injury or death.

(2) In the EA and TANF programs, a filing group (see OAR 461-110-0310) is ineligible for program benefits during any month in which a parent (see OAR 461-001-0000) or caretaker relative (see OAR 461-001-0000) in the filing group is a striker (see section (1) of this rule). If any other member of the filing group is a striker, only that individual is ineligible.

(3) In the REF program, a filing group (see OAR 461-110-0430) is ineligible for program benefits during any month in which a member of the filing group is a striker.

(4) In the REFM program, if a filing group member is a striker during the month of application, the filing group (see OAR 461-110-0430) is ineligible for program benefits during any month in which a member of the filing group continues to be a striker.

(5) In the SNAP program:

(a) A household containing a striker is not eligible to participate in the program unless the household was eligible for benefits the day prior to the date the member became a striker.

(b) An eligible household is not entitled to an increased allotment as the result of a decrease in the income of a need group (see OAR 461-110-0630) member on strike.

(c) The eligibility (see OAR 461-001-0000) of a filing group (see OAR 461-110-0370) containing a striker is determined by adding to the income of the filing group members who are not strikers the greater of the current income of the striker or the income of the striker immediately before the strike. Deductions used to determine benefits and eligibility for a household subject to the net income eligibility standard are calculated for the month of application as for any other household.

(d) A striker is subject to the registration requirements of this division of rules unless exempt from participating in an employment program on the day of application.

Or. Admin. Code § 461-130-0328

AFS 17-1998, f. & cert. ef. 10-1-98; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11; SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14; SSP 24-2015, f. 9-29-15, cert. ef. 10/1/2015; SSP 22-2017, f. 9-8-17 & cert. ef. 10/1/2017

Stat. Auth.: ORS 409.050, 411.060, 411.404, 411.816, 412.049

Stats. Implemented: ORS 409.050, 411.060, 411.404, 411.816, 412.049