Labor dispute—lockout

(a) A lockout exists whether or not such action is to obtain for the employer more advantageous terms when (1) an employer fails to provide employment to his employees with whom he is engaged in a labor dispute, either by physically closing his plant or informing his employees that there will be no work until the labor dispute has terminated, or (2) an employer makes an announcement that work will be available after the expiration of the existing contract only under terms and conditions which are less favorable to the employees than those current immediately prior to such announcement; provided, in either event, the recognized or certified bargaining agent shall have advised the employer that the employees with whom he is engaged in the labor dispute are ready, able and willing to continue working pending the negotiation of a new contract under the terms and conditions current immediately prior to such announcement. (b) For purposes of this regulation, "recognized or certified" means authorized to represent employees: (1) in accordance with state or federal labor law, or (2) by the employer's express or implied acknowledgement, or (3) by any informal process by a majority of employees involved in the labor dispute.