Strike or lockout disqualification—When inapplicable. (Effective until December 31, 2035.)

(1) An individual shall be disqualified for benefits for any week with respect to which the commissioner finds that the individual's unemployment is due to a strike at the factory, establishment, or other premises at which the individual is or was last employed. (2) Subsection (1) of this section shall not apply if it is shown to the satisfaction of the commissioner that: (a) The individual is not participating in or financing or directly interested in the strike that caused the individual's unemployment; and(b) The individual does not belong to a grade or class of workers of which, immediately before the commencement of the strike, there were members employed at the premises at which the strike occurs, any of whom are participating in or financing or directly interested in the strike: PROVIDED, That if in any case separate branches of work which are commonly conducted as separate businesses in separate premises are conducted in separate departments of the same premises, each such department shall, for the purpose of this subsection, be deemed to be a separate factory, establishment, or other premises. (3)(a) Any disqualification imposed under this section shall end on the earlier of: (i) The second Sunday following the first date of the strike, provided that the strike is not found to be prohibited by federal or state law in a final judgment. If a final judgment finds that a strike is prohibited by state or federal law, any benefits paid are liable for repayment as set forth in RCW 50.20.190; or(ii) The date the strike is terminated. (b) When the disqualification ends, the individual is subject to the one week waiting period as provided in RCW 50.20.010 and any benefits must be calculated in accordance with this chapter. However, if an individual is unemployed due to a strike at the separating employer's factory, establishment, or other premises at which the individual is or was last employed, the individual may receive weekly benefits for no more than six calendar weeks, subject to other limitations provided in this title. Any weekly benefits received unrelated to the individual's unemployment due to a strike may not be counted toward the six calendar weeks. (4) If benefits are issued as a result of a strike under this section, the department shall notify the separating employer of the mediation services available through the public employment relations commission.