20 C.F.R. § 652.9

Labor disputes

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(a) State agencies may not make a job referral on job orders which will aid directly or indirectly in the filling of a job opening which is vacant because the former occupant is on strike, or is being locked out in the course of a labor dispute, or the filling of which is otherwise an issue in a labor dispute involving a work stoppage.

(b) Written notification must be provided to all applicants referred to jobs not at issue in the labor dispute that a labor dispute exists in the employing establishment and that the job to which the applicant is being referred is not at issue in the dispute.

(c) When a job order is received from an employer reportedly involved in a labor dispute involving a work stoppage, State agencies must:

(1) Verify the existence of the labor dispute and determine its significance with respect to each vacancy involved in the job order; and

(2) Notify all potentially affected staff concerning the labor dispute.

(d) State agencies must resume full referral services when they have been notified of, and verified with the employer and workers' representative(s), that the labor dispute has been terminated.

(e) State agencies must notify the regional office in writing of the existence of labor disputes which:

(1) Result in a work stoppage at an establishment involving a significant number of workers; or

(2) Involve multi-establishment employers with other establishments outside the reporting State.

Notes of Decisions
Cited in 1 case, 2000–2000 · leading case: Cahill v. Texas Workforce Comm'n, 121 F. Supp. 2d 1022 (E.D. Tex. 2000).
Cahill v. Texas Workforce Comm'n, 121 F. Supp. 2d 1022 (E.D. Tex. 2000). “As noted earlier, the veracity of the clearance orders is checked and the employer could suffer penalties for incorrect information. Further, the forum is not open to all employers as federal regulations prohibit state agencies from posting clearance orders submitted by an…”
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