Able and Available AA 475 - Fact Finding Guide

Union Relations

If the claimant is restricting his/her availability to part-time work, it must first be determined whether the claimant meets the part-time work criteria under UI Code Section 1253.8 (refer to BDG AA5 for a complete discussion of the part-time work criteria).

  • If the claimant meets the criteria to restrict to part-time work under UI Code Section 1253.8, no further investigation is necessary. The claimant would be approved for part-time work regardless of the reason why the claimant is restricting his/her availability.
  • If the claimant does not meet the criteria to restrict to part-time work under UI Code Section 1253.8, then the claimant’s eligibility must be adjudicated under UI Code Section 1253 (c). Continue with the fact finding questions below.

Fact Finding Guide

  1. What is the status of the claimant’s union membership?
  2. If the claimant is not in good standing with the union, why? What effect does this have on his or her obtaining union work?
  3. If the claimant is not a member of the union that has jurisdiction over work in his or her usual occupation, does the claimant have a working permit? Can such a permit be readily obtained? Does it allow the claimant equal hiring rights with the regular members? If not, what are the limitations?
  4. Are members permitted to seek their own work?
  5. Does the union have a placement/dispatch facility? If so, what are the registration and reporting requirements?
  6. What action is taken against members who fail to comply with the registration and/or reporting requirements?
  7. Has the claimant restricted his or her availability for work with the union dispatch facility? If so, how has the restriction effected his or her potential field of employment?