WAC 192-210-120   What are the requirements for individuals participating in the referral union program?  (1) Eligibility. You are eligible for the program if you are registered with the union, eligible for dispatch, and you are:

     (a) Immediately available for dispatch or referral as required by the union; and

     (b) Actively seeking, willing and able to accept any suitable work as defined in RCW 50.20.100 and 50.20.110 that is offered through the union dispatch or referral process.

     (2) Reporting. During any week you claim benefits you must report to the department if:

     (a) You are not available for dispatch or referral;

     (b) You refuse dispatch or referral;

     (c) The union assigns jobs using a bid process and you do not bid on a job that, based on your seniority or union rules, you had a reasonable expectation of getting, unless you have already bid on three other jobs that week; or

     (d) You are no longer registered or eligible for dispatch with the union.

     (3) License or certificate. RCW 50.20.010 (1)(c) requires you to be immediately available to accept suitable work:

     (a) If your occupation requires a license, certification or permit to work within your labor market area, your license, certification or permit must be current at the time you are dispatched to a job.

     (b) If you do not have a current license, certification or permit when you are dispatched, your availability for work is in question. Your benefits may be denied for any week in which you do not have the license, certification or permit or the license, certification or permit was expired or invalid.

     (c) It is your responsibility to keep your license, certification or permit current; it is not the union's responsibility to track your license status.

     (d) Nothing in this section requires you to obtain specialty licenses or certifications as long as you are licensed or certified for those jobs for which you are available for dispatch and your failure to obtain a specialty license or certification does not substantially restrict your availability for work.

     (4) Refusing work. If you refuse to bid on a job, or refuse dispatch or referral by the union, your availability for work and eligibility for unemployment benefits is in question. While some union rules do not penalize members for refusing dispatch, the refusal may not be allowed for unemployment insurance purposes. For example, your union may permit you to refuse dispatch to two jobs without penalty. However, in the unemployment insurance program this is not permitted unless the work is not suitable. A refusal of dispatch may be considered a refusal of suitable work under RCW 50.20.080. The department will determine whether the work was suitable.

     (5) Standby. If permitted by the union, you may be placed on standby by the department if you meet the requirements of WAC 192-110-015.

     (6) Fee payers. If you are not registered with the union, eligible for dispatch, and actively seeking work through the union, but have only paid a fee to be on the union's out of work list, you must meet the job search requirements of RCW 50.20.240.

     (7) Presumption of availability. The department will presume you have met the availability and job search requirements of RCW 50.20.010 when you file a weekly claim certifying that you are able to work, available for work, and actively seeking work as instructed. A cause for doubting your eligibility will be created if the department receives relevant information for a specific week regarding your eligibility for benefits. (See WAC 192-130-070)

     (8) Contact with union. The department will contact you and the union for information about your job search activities and availability for work whenever a cause for doubting your eligibility for unemployment benefits is established for any reason listed in this section.



[Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010. 07-01-038, § 192-210-120, filed 12/12/06, effective 1/12/07.]