Suitable Work SW 475 - Fact Finding Guide
- Does the claimant contend that he would have been required to join a company union? If so, does the company organization meet the Department’s definition of a union?
- Does the claimant contend that the prospective employment would require him or her to refrain from joining any bona fide labor organization? What is the employer’s explanation?
- Does the claimant contend that the acceptance of the prospective employment would require him to abandon membership in the individual’s present union? Is this based on the prospective employer’s union requirement? Is it based on the claimant’s objection?
- Could the claimant take a withdrawal from his present union with right of reinstatement? Has this been verified by the union?
- If the claimant contends that he would suffer disciplinary action from his union by accepting the prospective employment, on what does he base this contention? Is this contention supported by the bylaws, regulations or constitution of his or her union? Does the union enforce this regulation?
- Did the claimant ask his or her union for permission to accept the prospective employment? If not, would such a request have been a futile gesture? If the claimant states that he or she refused to join the union, does the union have a policy of allowing prospective members to make any required payment in installments? If so, why did the claimant fail to take advantage of this arrangement?