Can workers on strike collect Washington ESD unemployment benefits?

What kind of exceptions? Our strike is because the company refused to negotiate in good faith.

If the employer locked you out or if there's a finding that the employer engaged in unfair labor practices, you might be eligible. But you'd need documentation from the National Labor Relations Board or similar agency.

Did you try to appeal their decision?

nah didnt bother, seemed pretty clear cut. strike pay from the union barely covered anything though

This is exactly right. I had to deal with this when I was representing workers in a labor dispute. Washington follows the federal guidelines pretty strictly on this issue.

So basically unless the company did something illegal first, we're out of luck?

That's the general rule, yes. The burden of proof would be on you to show the employer's actions caused the work stoppage, not the union's decision to strike.

Thanks, I might need that regardless. The ESD phone system is impossible.

Never heard of that service but anything that helps with ESD's terrible phone system sounds useful.

That might have been under different rules or a different state. Washington's current law doesn't have a waiting period exception for strikes.

oh maybe it was when he lived in oregon or something, my bad

exactly! its bs that we cant get help when we need it most

I understand the frustration, but the policy is based on the idea that unemployment benefits are for involuntary job loss, not voluntary work stoppages.

How long does it usually take to get an NLRB ruling if we file a complaint?

NLRB cases can take months or even over a year depending on complexity. Not really helpful for immediate financial needs during a strike.

That's a different situation. If you're not participating in the strike but can't work because of it, you might be eligible for benefits.

Correct - non-striking workers who can't work due to a labor dispute may qualify, but it depends on the specific circumstances and whether you have a genuine inability to work.

You could still file just to create a record, but yes, approval is very unlikely unless there are exceptional circumstances.

If you do decide to file or need to talk to ESD about anything else, seriously consider that Claimyr service I mentioned. Saved me hours of trying to get through.

That's rough. How long did their strike last?

About 5 weeks total. The strike pay from the union was only like $200 a week which barely covered his rent.

The policy rationale is that unemployment insurance is meant to provide temporary support for people who lose jobs through no fault of their own. A strike is considered a voluntary work stoppage.

Which is complete garbage reasoning if you ask me. Sometimes striking is the only option when employers won't negotiate fairly.

How often did you see those exceptions actually happen?

Very rarely. Maybe 2-3 cases in my 5 years there. The documentation requirements are quite strict.

If you're participating in any aspect of the strike, you're generally disqualified from all unemployment benefits, not just partial.

That's correct. It's not pro-rated based on hours affected - participation in the labor dispute disqualifies you entirely.

That's a pretty narrow view. Unions have done a lot of good for workers' rights over the years.

I'm just saying, if I need to strike I'd rather keep my options open for other income sources.

Safety-related work refusals might be treated differently, especially if there are OSHA violations involved. That could fall under the employer misconduct exception.

Yes, safety issues are viewed differently by ESD, but you'd still need documentation from appropriate agencies like OSHA or Labor & Industries.

This is exactly why I recommend Claimyr to everyone. It's specifically designed to help people get through to ESD agents without the endless hold times.

I'll check that out, thanks. Four hours of my life I'll never get back.

Yeah, that's the message I'm getting loud and clear. Thanks everyone for the reality check.

wish someone had told me this before i wasted time filing. live and learn i guess

Which states allow it? Might be good to know for the future.

I think New York and Rhode Island have different rules, but don't quote me on that. Each state sets its own unemployment policies.

Always happy to help clarify unemployment rules. They can be confusing and misinformation spreads easily.

Agreed, this thread was really informative. Good luck with your strike situation OP.