DE 4654 (5-04) (INTERNET)
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EMPLOYMENT DEVELOPMENT DEPARTMENT PROCEDURES
FOR INVESTIGATING TRADE DISPUTES
STEP 1: Department is informed of initial trade dispute activity by union(s) or
employer(s) involved in dispute, unemployment insurance claimants, or other
sources such as newspapers, radio, and television.
STEP 2: Unemployment Insurance Division Central Office Trade Dispute Specialist
(hereinafter, Specialist), contacts the employer(s) and union(s) involved in the
dispute to ascertain overall facts, including the date the dispute began, the
nature of actions taken, i.e., if members of union involved took strike action, or
if they were prevented from working (locked out). Normally, this contact is
made by telephone. Forms requesting basic information in writing about the
dispute are also mailed to employer(s) and union(s) involved.
STEP 3: Specialist reviews all information obtained, including reports; consults with EDD
Legal Office, if appropriate; and conducts any research necessary to resolve
complex, novel, or unusual issues or conflicts. Specialist prepares Trade
Dispute Notice that provides the overall decision as to the existence of the
trade dispute, its beginning date, general eligibility of various categories of
employees, whether the Department can refer workers to the employer, and
whether strike benefits, if any, are wages. The Trade Dispute Notice is posted
to the Department’s Intranet site for use by EDD staff, and is available upon
request to the employer(s) and union(s) involved in the dispute.
STEP 4: Field operations staff interview claimants, obtain facts about each individual
case, and determine the claimant’s eligibility for unemployment insurance
benefits in accordance with the overall guidelines in the Trade Dispute Notice.
Staff issues a written notice of determination, including an explanation of
appeal rights, to interested parties.
If after the beginning of the dispute the Department becomes aware of
additional facts that may affect the eligibility of indiv