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RSA 282-A:36 · Labor Dispute

Title
XXIII: LABOR
Chapter
282-A · UNEMPLOYMENT COMPENSATION
Status
current
Official source linked
Yes
Official source Copy section link

282-A:36 Labor Dispute. – A person shall be disqualified for benefits for any week with respect to which the commissioner finds that his or her total or partial unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment, or other premises at which he or she is or was last employed; provided that this section shall not apply if it is shown to the satisfaction of the commissioner that:

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I.

(a) The person is not participating in or financing or directly interested in the labor dispute which caused the stoppage of work; and

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(b)

The person does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in or financing or directly interested in the dispute; provided that, if in any case separate branches of work which are commonly conducted as separate businesses in separate premises are conducted in separate departments of the same premises, each such department shall, for the purposes of this subsection, be deemed to be a separate factory, establishment, or other premises; or

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II.

The person has become unemployed and entitled to unemployment compensation before the commencement of the labor dispute and his connection with the employer has been totally severed, including the absence of recall rights, seniority rights and other fringe benefits and indicia of employment; or II-a. The stoppage of work was due solely to a lockout or the failure of the employer to live up to the provision of any agreement or contract of employment entered into between the employer and his or her employees; or

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III.

The stoppage of work has continued for a period of 2 weeks after the termination of the labor dispute; or

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IV.

The person has, since becoming unemployed for the reasons set forth in the introductory paragraph worked in 5 or more weeks in employment as defined in RSA 282-A:9, except RSA 282-A:9, IV(f), or wages earned in a like manner in another state, earning in each week an amount at least equal to such person's maximum benefit rate plus 20 percent thereof, and then becomes unemployed from said employer due to a lack of work. Source. 1937, 178:1. 1939, 138:10-12. 1941, 103:17-20. RL 218:4. 1945, 138:9, 10. 1947, 59:12, 13. 1949, 185:5, 6. 1953, 209:2, 3; 260:1; 261:3. RSA 282:4(F). 1955, 4:1; 141:9. 1957, 118:4, 5. 1959, 28:2, 3. 1963, 194:5. 1965, 208:3-5. 1967, 75:1; 400:8, 9. 1969, 460:6, 7. 1971, 156:20, 21, 36, 37. 1973, 446:2; 589:3, 4. 1979, 348:13. 1981, 408:3. 1983, 368:2. 2003, 116:7, eff. Aug. 8, 2003.

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Source note

Source. 1937, 178:1. 1939, 138:10-12. 1941, 103:17-20. RL 218:4. 1945, 138:9, 10. 1947, 59:12, 13. 1949, 185:5, 6. 1953, 209:2, 3; 260:1; 261:3. RSA 282:4(F). 1955, 4:1; 141:9. 1957, 118:4, 5. 1959, 28:2, 3. 1963, 194:5. 1965, 208:3-5. 1967, 75:1; 400:8, 9. 1969, 460:6, 7. 1971, 156:20, 21, 36, 37. 1973, 446:2; 589:3, 4. 1979, 348:13. 1981, 408:3. 1983, 368:2. 2003, 116:7, eff. Aug. 8, 2003.

Source history

  • 1937, 178:1
  • 1939, 138:10-12
  • 1941, 103:17-20. RL 218:4
  • 1945, 138:9, 10
  • 1947, 59:12, 13
  • 1949, 185:5, 6
  • 1953, 209:2, 3; 260:1; 261:3. RSA 282:4(F)
  • 1955, 4:1; 141:9
  • 1957, 118:4, 5
  • 1959, 28:2, 3
  • 1963, 194:5
  • 1965, 208:3-5
  • 1967, 75:1; 400:8, 9
  • 1969, 460:6, 7
  • 1971, 156:20, 21, 36, 37
  • 1973, 446:2; 589:3, 4
  • 1979, 348:13
  • 1981, 408:3
  • 1983, 368:2
  • 2003, 116:7, eff. Aug. 8, 2003

Related materials

Bill relationships

  • 2026 HB1245 reference

    ation. I. The following actions shall be excluded from consideration when determining a worker’s legal status as either an employee or an independent contractor under RSA 275, RSA 282-A, or any other state labor, tax, or benefits statute: (a) The offer of, or contribution to, a portable benefit account by a hiring party; (b) An independent contractor’s participation in or control over such a plan

  • 2026 HB1245-FN reference

    ation. I. The following actions shall be excluded from consideration when determining a worker’s legal status as either an employee or an independent contractor under RSA 275, RSA 282-A, or any other state labor, tax, or benefits statute: (a) The offer of, or contribution to, a portable benefit account by a hiring party; (b) An independent contractor’s participation in or control over such a plan

  • 2026 HB1546 amend · effective 2027-01-01

    t and necessary to support any request, claim, application, or other action by a client company seeking any such tax credit. This section shall not apply to the administration of RSA 282-A. 23 Corporations, Associations, and Proprietors of Common Lands; Dissolution; Effect of Dissolution. Amend RSA 293-A:14.05, (b) to read as follows: (b) Prior to making any distributions of its remaining propert

  • 2026 HB1546-FN amend · effective 2027-01-01

    t and necessary to support any request, claim, application, or other action by a client company seeking any such tax credit. This section shall not apply to the administration of RSA 282-A. 23 Corporations, Associations, and Proprietors of Common Lands; Dissolution; Effect of Dissolution. Amend RSA 293-A:14.05, (b) to read as follows: (b) Prior to making any distributions of its remaining propert

  • 2026 HB1629 amend · effective 2027-07-01

    nt and necessary to support any request, claim, application, or other action by a client company seeking any such tax credit. This section shall not apply to the administration of RSA 282-A. 18 Corporations, Associations, and Proprietors of Common Lands; Dissolution; Effect of Dissolution. Amend RSA 293-A:14.05, (b) to read as follows: (b) Prior to making any distributions of its remaining property a

  • 2026 HB1629-FN amend · effective 2027-07-01

    nt and necessary to support any request, claim, application, or other action by a client company seeking any such tax credit. This section shall not apply to the administration of RSA 282-A. 18 Corporations, Associations, and Proprietors of Common Lands; Dissolution; Effect of Dissolution. Amend RSA 293-A:14.05, (b) to read as follows: (b) Prior to making any distributions of its remaining property a

  • 2026 HB1761 add · effective 2027-01-01

    istrative appeal system for determinations of claims; appeals shall be filed within 90 days of notice of determination. II. The director may utilize procedures established under RSA 282-A, provided that employers shall not be parties to appeals under this section. III. Following the department's final determination on appeal, an aggrieved individual may seek judicial review in a court of competent juri

  • 2026 HB1761-FN add · effective 2027-01-01

    istrative appeal system for determinations of claims; appeals shall be filed within 90 days of notice of determination. II. The director may utilize procedures established under RSA 282-A, provided that employers shall not be parties to appeals under this section. III. Following the department's final determination on appeal, an aggrieved individual may seek judicial review in a court of competent juri

  • 2026 HB1825 reference · effective 2027-01-01

    rmine and enforce the lien. III. Nothing in this section shall be construed to create a lien in the absence of a written agreement, nor shall it apply to matters arising under RSA 282-A, or to any proceeding in which the method for determining attorneys’ fees is otherwise expressly governed by statute. 311:15 Attorney General Investigations. I. The attorney general may investigate any alleged vio

  • 2026 HB1825-FN-A reference · effective 2027-01-01

    rmine and enforce the lien. III. Nothing in this section shall be construed to create a lien in the absence of a written agreement, nor shall it apply to matters arising under RSA 282-A, or to any proceeding in which the method for determining attorneys’ fees is otherwise expressly governed by statute. 311:15 Attorney General Investigations. I. The attorney general may investigate any alleged vio

  • 2026 SB661 reference

    pensation and unemployment compensation programs, which are regulated by and which report to the department of labor and the department of employment security, under RSA 281-A and RSA 282-A, respectively, shall be exempt from the requirements of this section as long as their operations and reports conform to the laws and rules adopted by those departments. 5-B:4-a Authority of the Secretary of State; I

  • 2026 SB661-FN reference

    pensation and unemployment compensation programs, which are regulated by and which report to the department of labor and the department of employment security, under RSA 281-A and RSA 282-A, respectively, shall be exempt from the requirements of this section as long as their operations and reports conform to the laws and rules adopted by those departments. 5-B:4-a Authority of the Secretary of State; I

Opinions and discipline decisions mentioning this RSA