HAR §17-655-35. Strikers

(a) A striker shall be anyone involved in a strike or concerted stoppage of work by employees, including a stoppage by reason of the expiration of a collective-bargaining agreement, and any concerted slowdown or other concerted interruption of operations by employees. (b) Employees who are not participating in a strike but who are affected by a strike are considered nonstrikers and may be eligible for assistance. Examples include but are not limited to: (1) An employee affected by a lockout where the workplace is closed by the employer to resist demands of employees; (2) Employees unable to work as a result of striking employees. For example, a truckdriver who cannot work because the striking newspaper pressmen prevent newspapers from being printed; and (3) Employees who are not part of the bargaining unit on strike who do not want to cross a picket line due to fear of personal injury or death. (c) For the food stamp program, an individual exempt from work registration the day prior to the strike, other than those exempt solely on the basis that they are employed, shall not be deemed to be a striker. [Eff 3/19/93 ] (Auth: HRS §346-14) (Imp: HRS §346-14; 7 C.F.R. §273.1(g); 45 C.F.R. §233.106) §17-655-36 Eligibility of strikers for financial assistance. (a) An individual who on the last day of the month is participating in a strike shall not be eligible to receive assistance in that month. (b) The entire family shall not be eligible to receive assistance if the individual participating in a strike is: (1) The natural or adoptive parent with whom a child is living; or 655-24 (2) The only dependent child in the family. [Eff 3/19/93; am 8/1/94 ] (Auth: §HRS 346-14) (Imp: HRS §346-56; 45 C.F.R. §233.106) §17-655-37 Eligibility of strikers for food stamps. (a) Households with striking members shall be ineligible to participate in the food stamp program unless the household was eligible for assistance the day prior to the strike and are otherwise eligible at the time of application. (b) Households with striking members shall not receive an increased allotment as the result of a decrease in the income of the striking members of the household. (c) Prestrike eligibility shall be determined by considering the day prior to the strike as the day of application and assuming the strike did not occur. (d) Eligibility at the time of application shall be determined by comparing the striking member's income before the strike, as calculated in subsection (c), to the striker's current income and adding the higher of the two to the current income of nonstriking members during the month of application. (e) Deductions shall be calculated for the month of application as for any other household to determine: (1) Benefits; and (2) Eligibility for households subject to the net income eligibility standard. (f) Whether the striker's prestrike earnings or current income is used, the earnings deduction shall be allowed if appropriate. (g) Strikers, whose households are eligible to participate, shall be subject to the work registration requirements of the food stamp program unless exempt. [Eff 3/19/93 ] (Auth: HRS §346-14) (Imp: 7 C.F.R. §§273.1(g), 273.7(j)) §§17-655-38 to 17-655-39 (Reserved) 655-25 SUBCHAPTER 5 CITIZENSHIP AND ALIEN STATUS