§ 28-44-16. Labor disputes.
(a) An individual shall not be entitled to benefits if he or she became unemployed because of a strike or other industrial controversy in the establishment in which he or she was employed. This section shall not apply if it is shown to the satisfaction of the director that the claimant is not a member of the organization or group responsible for the labor dispute and is not participating in or financing or in any way directly interested in the labor dispute.
(b) Lockouts. Notwithstanding the provisions of subsection (a), an individual shall be entitled to benefits if his or her unemployment is the result of his or her employer’s withholding of employment for the purpose of resisting collective bargaining demands or gaining collective bargaining concessions, unless:
(1) The claimant’s employer is a member of a multi-employer collective bargaining group and the lockout is in response to a strike at another member of that multi-employer collective bargaining group; or
(2) The claimant’s employer establishes to the satisfaction of the director that it has offered to the labor organization representing the claimant an extension of then existing wages, hours, and working conditions, including enforceable no strike and no lockout prohibitions, for up to three (3) days and the lockout is in response to the labor organization’s refusal to execute the extension.
(c) If the unemployment continues more than one week following the conclusion of a labor dispute, an individual who is otherwise eligible under the terms of this chapter shall be entitled to benefits.
History of Section.P.L. 1936, ch. 2333, § 7; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 7; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; P.L. 1955, ch. 3620, § 1; G.L. 1956, § 28-44-16; P.L. 1984, ch. 142, art. 1, § 1; P.L. 1984 (s.s.), ch. 450, § 3; P.L. 1985, ch. 194, § 1.
Structure Rhode Island General Laws
Title 28 - Labor and Labor Relations
Chapter 28-44 - Employment Security — Benefits
Section 28-44-1. - Source and manner of payment of benefits — Services covered by federal law.
Section 28-44-2. - Payment day on holiday.
Section 28-44-3. - Wages considered in computing benefits.
Section 28-44-3.1. - [Repealed.]
Section 28-44-4. - Inclusion of unpaid wages.
Section 28-44-5. - [Repealed.]
Section 28-44-7. - Partial unemployment benefits.
Section 28-44-8. - Lag day benefits.
Section 28-44-9. - Duration of benefits.
Section 28-44-10. - Termination of benefit year.
Section 28-44-11. - Earnings requirement for benefits.
Section 28-44-12. - Availability and registration for work.
Section 28-44-13. - Report of wages received.
Section 28-44-14. - Waiting period.
Section 28-44-15. - [Repealed.]
Section 28-44-16. - Labor disputes.
Section 28-44-17. - Voluntary leaving without good cause.
Section 28-44-17.1. - Voluntary leaving as protection from domestic abuse.
Section 28-44-18. - Discharge for misconduct.
Section 28-44-19. - Receipt of compensation.
Section 28-44-19.1. - Disqualifying income.
Section 28-44-20. - Refusal of suitable work.
Section 28-44-21. - Vacation periods.
Section 28-44-22, 28-44-23. - [Repealed.]
Section 28-44-24. - Disqualification for fraud.
Section 28-44-25 - — 28-44-36. [Repealed.]
Section 28-44-37. - Place of filing claims.
Section 28-44-38. - Filing of claims — Procedures — Printed copies — Notices.
Section 28-44-40. - Payment of benefits pending appeal.
Section 28-44-41. - Determinations with respect to labor disputes.
Section 28-44-42. - Appointment of appeal tribunals.
Section 28-44-43. - Filing of appeals from director — Parties — Withdrawal.
Section 28-44-44. - Procedure before appeal tribunal — Record.
Section 28-44-45. - Consolidated appeals.
Section 28-44-46. - Decision of appeal tribunal.
Section 28-44-47. - Appeal to board of review.
Section 28-44-48. - Removal or transfer of pending appeals.
Section 28-44-49. - Conclusiveness of decisions — Reopening for fraud or coercion.
Section 28-44-50. - Rule of decision — Certification of questions to board of review.
Section 28-44-50.1. - Limits of board of review legal precedent.
Section 28-44-51. - Denial of appeal as decision of board of review.
Section 28-44-52. - Finality of board’s decision — Petition for judicial review.
Section 28-44-53. - Parties to judicial review — Service of petition — Certification of record.
Section 28-44-54. - Scope of judicial review — Additional evidence — Precedence of proceedings.
Section 28-44-55. - Appeal to supreme court.
Section 28-44-56. - Waiver of rights void — Agreements to pay employer’s contributions.
Section 28-44-57. - Fees and costs chargeable.
Section 28-44-58. - Exemption of benefits from assignment or process.
Section 28-44-58.1. - Child support intercept of benefits.
Section 28-44-58.2. - Voluntary withholding of income taxes.
Section 28-44-59. - Severance or dismissal pay allocation.
Section 28-44-60. - Eligibility for adult basic education or vocational training.
Section 28-44-61. - Holiday pay.
Section 28-44-62. - Extended benefits.
Section 28-44-63.1. - [Repealed.]
Section 28-44-64, 28-44-65. - [Repealed.]
Section 28-44-67. - Denial of unemployment compensation to illegal aliens.
Section 28-44-69. - Work-sharing benefits.
Section 28-44-70. - Entrepreneurial training assistance program.