View History

3.10.1 Strikers

7 CFR Code of Federal Regulations 273.1(e)

3.10.1.1 Striker Exceptions

3.10.1.2 Termination of a Strike

3.10.1.3 Eligibility on the Day Before a Strike

3.10.1.4 Pre-Strike Income

 

A striker is anyone involved in either of the following, whether or not s/he is in a collective bargaining unit:

  1. A strike or concerted stoppage of work by employees against their employer. This includes a stoppage because a collective bargaining agreement expired.

  2. A concerted slowdown or interruption of operations by employees against their employer.

 

A person is a striker whether or not s/he personally voted for the strike. Strikers are not exempt from Work Participation requirements.

 

3.10.1.1 Striker Exceptions

None of the following is a striker:

  1. An employee affected by a lockout.

  2. Persons exempt from the FS FoodShare work requirements except those exempt solely because they're employed. For example, a caretaker of a child a person's biological, step, or adopted son or daughter, regardless of age. under six years old is not a striker. (See  3.16.1)

  3. Any employee of the Federal Government, the State or any political subdivision engaged in a work related strike. S/he has voluntarily quit his/her job without good cause.

 

3.10.1.2 Termination of a Strike

A strike has ended when:

  1. The employer notifies its striking employees that it has hired or is hiring replacement workers.

  2. All or some of the employees can not return to the same job they held with that employer before the strike.

  3. The employees return to work with the same employer. If a striker accepts other employment while on strike without resigning from the struck company, striker provisions continue to apply.  

 

3.10.1.3 Eligibility on the Day Before a Strike

To be eligible, a FS group with a striker must have been eligible on the day before the strike began.

 

If the case was open for FS on that date, it remains eligible if it continues to meet all criteria.

 

If the case was not open on that date, determine if the case could have been eligible on the day before the strike. Assume the application date is the day before the strike began and the strike never occurred. Use the Striker Evaluation Form (8.2.1).  Deny an application if the group would have been ineligible the day before the strike.

 

3.10.1.4 Pre-Strike Income

Determine the FS group's eligibility and allotment. Add the highest of the 2 following incomes to the income of the other FS group members:

  1. The striker's income on the day before the strike ("pre-strike income"), or

  2. The striker's income on the date of the current determination ("current income")

 

Determine the striker's pre-strike income by adding:

  1. All unearned income s/he would normally expect to have received that month, and

  2. All earned income s/he would have received in a month using the wage rate s/he was earning on that date. Allow the 20% earned income deduction.

 

Determine the striker's current income as you would any other person's regular income.

 

 

 

 

 

 

 

 

This page last updated in Release Number: 07-01

Release Date: 03/16/07

Effective Date: 03/16/07