§40-2-410. Participation in labor disputes.
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PARTICIPATION IN LABOR DISPUTES.
(1)An individual shall be disqualified to receive benefits for any week with respect to which the Commission finds that his unemployment is due to a stoppage of work which exists at the factory, establishment or other premises at which he is or was last employed, because of a labor dispute.
(2)This section shall not apply if it is shown that:
(a)He is not participating in or directly interested in
the labor dispute which caused the stoppage of work;
(b)He does not belong to a grade or class of workers of
which, immediately before the commencement of the
stoppage, there were members employed at the premises
at which the stoppage occurs, any of whom are
participating in or directly interested in the
dispute; or
(c)The employer has locked out his employees.
(3)Provided, that if in any case separate branches of work which are commonly conducted as separate businesses in separate premises are conducted in separate departments of the same premises, each such department shall, for the purpose of this section, be deemed to be a separate factory, establishment or other premises. Added by Laws 1980, c. 323, § 2-410, eff. July 1, 1980.