3-8 Persons on or in Support of a Strike

PURPOSE
1. To review eligibility for Social Assistance benefits to persons who have placed themselves “in need” by reason of participation in a labour strike.

PRINCIPLE
2. Government shall remain entirely neutral with respect to strike action and avoid any support that could be interpreted as government intervention on behalf of one party to the labour strike.

POLICY
3. Regulation 6(4) prohibits the payment of Social Assistance benefits to an applicant who has voluntarily absented himself/herself from employment by reason of participation in or support of a strike.

4. Benefits cannot be paid, following a return to work, for any needs existing as a consequence of the strike, e.g., rent arrears, utility arrears, etc.

5. The term “in support of a strike” includes the refusal to cross a picket line.

6. Persons receiving a Social Assistance supplement to earnings may continue to receive the supplement when on or in support of a strike.

7. Persons who become unemployed as a result of a strike action by a group of which they are not a member may be eligible for benefits. That is, when the employer has shut down other operations and laid off other employees not involved in the conflict. However, assistance to applicants shall not be granted until the Department is satisfied that the affected employees are not involved in the labour conflict. The employees who are eligible for benefits under this provision shall then meet the requirements of an employable applicant.