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CLAIMANT’S RECEIPT OF STRIKE BENEFITS DID NOT DISQUALIFY HIM FROM RECEIVING UNEMPLOYMENT INSURANCE BENEFITS (THIRD DEPT).

The Third Department determined claimant was receiving strike benefits which did not disqualify him from receiving unemployment insurance benefits:

… [I]t is well settled that “whether a claimant is totally unemployed for purposes of receiving unemployment insurance benefits is a factual issue for the Board and its determination will be upheld if supported by substantial evidence” … . The receipt of remuneration has been found to be indicative of a lack of total unemployment … . However, “[u]nder 12 NYCRR 490.2 (b), strike benefits paid by labor unions to their members are not considered remuneration within the meaning of the [u]nemployment [i]nsurance [l]aw so long as the payments are not conditioned upon the rendering of services to the union” … . Thus, the dispositive issue is whether the monies received by claimants from the IBT and Local 812 constituted strike benefits under 12 NYCRR 490.2 (b). Matter of Bebbino (Clare Rose Inc.–Commissioner of Labor), 2019 NY Slip Op 05818, Third Dept 7-25-19

 

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