§ 592. Suspension of accumulation of benefit rights. 1. Industrial
controversy. (a) The accumulation of benefit rights by a claimant shall
be suspended during a period of one week beginning with the day after
such claimant lost their employment because of a strike or other
industrial controversy except for lockouts, including concerted activity
not authorized or sanctioned by the recognized or certified bargaining
agent of the claimant, and other concerted activity conducted in
violation of any existing collective bargaining agreement, in the
establishment in which such claimant was employed, except that benefit
rights may be accumulated before the expiration of such one week period
beginning with the day after such strike or other industrial controversy
was terminated.

(b) Benefits shall not be suspended under this section if:

(i) The employer hires a permanent replacement worker for the
employee's position. A replacement worker shall be presumed to be
permanent unless the employer certifies in writing that the employee
will be able to return to such employee's prior position upon conclusion
of the strike, in the event the strike terminates prior to the
conclusion of the employee's eligibility for benefit rights under this
chapter. In the event the employer does not permit such return after
such certification, the employee shall be entitled to recover any
benefits lost as a result of the one week suspension of benefits, and
the department may impose a penalty upon the employer of up to seven
hundred fifty dollars per employee per week of benefits lost. The
penalty collected shall be paid into the unemployment insurance control
fund established pursuant to section five hundred fifty-two-b of this
article; or

(ii) The commissioner determines that the claimant:

(A) is not employed by an employer that is involved in the industrial
controversy that caused such claimant's unemployment and is not
participating in the industrial controversy; or

(B) is not in a bargaining unit involved in the industrial controversy
that caused such claimant's unemployment and is not participating in the
industrial controversy.

2. Concurrent payments prohibited. No weeks of total unemployment or
partial unemployment shall be deemed to occur in any week with respect
to which a claimant has received or is seeking unemployment benefits
under an unemployment compensation law of any other state or of the
United States, provided that this provision shall not apply if the
appropriate agency of such other state or of the United States finally
determines that he is not entitled to such unemployment benefits.

3. Terms of suspension. No waiting period may be served during a
suspension period.

The suspension of accumulation of benefit rights shall not be
terminated by subsequent employment of the claimant irrespective of when
the claim is filed except as provided in subdivision one of this section
and shall not be confined to a single benefit year.

A "week" as used in subdivision one of this section means any seven
consecutive calendar days.