07-01 Version of 3.10.1 Strikers
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State of Wisconsin
Department of Health Services

HISTORY

The policy on this page is from a previous version of the handbook. 

3.10.1 Strikers

7 CFR 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 he or she is in a collective bargaining unit:

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

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

 

A person is a striker whether or not he or she personally voted for the strike. Strikers are not exempt from work registration 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 FoodShare work requirements on the day before the strike except those exempt solely because they are employed. For example, a caretaker is not considered a striker if caring for a child under six years old (3.16.1 Work Requirements)

  3. Any employee of the federal government, the state, or any political subdivision engaged in a work-related strike. He or she has voluntarily quit his or her job without good cause.

  4. Truck drivers who cannot do their jobs because the strike has left them with nothing to deliver.

  5. Employees who are not part of the bargaining unit and do not want to cross the picket line for fear of personal injury or death.

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 cannot 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 food unit with a striker must have been eligible on the day before the strike began.

 

If the case was open for FoodShare 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 food unit 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 (F-16023). Deny an application if a member of the food unit would have been ineligible the day before the strike.

3.10.1.4 Pre-Strike Income

Determine the food unit's eligibility and allotment. Add the greatest of the two following incomes to the income of the other food unit 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 he or she would normally expect to have received that month, and

  2. All earned income he or she would have received in a month using the wage rate he or she 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

Notice: The content within this manual is the sole responsibility of the State of Wisconsin's Department of Health Services (DHS). This site will link to sites outside of DHS where appropriate. DHS is in no way responsible for the content of sites outside of DHS.

Publication Number: P-16001