An individual is considered a striker if he or she is absent from his or her job during a legal strike without good cause. Good cause includes, but is not limited to, the following: 55 Pa. Code § 141.42
Pre scheduled vacations that cannot be cancelled
A medically verified illness that existed before the strike
Threats to life, personal injury, or property damage
The CAO must verify that good cause exists.
A lockout is not a strike. Generally, a lockout takes place when employees are willing to work under an expired contract but the employer will not let them work or changes the contract terms.
If the CAO cannot decide whether the work stoppage is a strike or a lockout, the area manager must decide.
113.31 Who Is Not a Striker
The following must not be considered strikers when the CAO is deciding on TANF eligibility: 55 Pa. Code § 141.42
An employee whose work place is closed because of a lockout
An employee who is not on strike but cannot work because of the strike
Example: Truck drivers are not strikers if they cannot work because striking newspaper employees prevent newspapers from being printed.
An employee who is not part of the bargaining unit on strike and who does not want to cross a picket line because of fear of personal injury or death
Employees who are fired or permanently replaced while on strike
This does not include federal government or political subdivision employees dismissed from the job because of strike participation. These employees are considered to have voluntarily quit without good cause.
Others are not considered strikers if they are affected by a strike but are not on strike.
Reviewed July 30, 2013