As the autoworkers strike continues into its third month, the question of who will be paid during these strikes is also ongoing.

The Ohio Department of Job and Family Services (ODJFS) has laid out its plans on handling unemployment claims and explaining the process to determine whether certain workers are eligible for unemployment, according to the department's director Matt Damschroder.

Hearings have been set to determine the eligibility for workers of two factories, a Stellantis plant in Toledo and a Ford plant in Brook Park, that are currently striking. 

Their hearings will be Oct. 23 for the Stellantis factory and Nov. 14 for the Ford factory.

"While employees of companies with striking workers are generally not eligible for unemployment, we understand that the current automotive strike could impact suppliers and other employers throughout Ohio, and have been preparing accordingly," said Damschroder. "In addition, Ohio unemployment law has a process for determining whether a labor dispute is considered a strike or lock-out for purposes of determining possible eligibility for unemployment benefits."

According to the ODJFS, each unemployment claim is decided based on specific circumstances. In this case, striking workers and sometimes other employees of a company with striking workers may be disqualified from receiving unemployment benefits.

If a company without striking employees must lay employees off due to lack of work, those workers may be eligible for unemployment, depending on the specific facts and circumstances.

One factor in determining eligibility is the nature of the labor dispute. If the claimants' unemployment is determined to be caused by a labor dispute other than a lock-out or when an employer forces the shutdown, individuals directly benefitting from the strike may not be eligible for benefits.

Ohio law requires a hearing to determine the nature of the labor dispute once 25 employees of an employer have filed for unemployment benefits. The two factories with hearings have met these requirements.

According to the ODJFS, during the hearing, a hearing officer will listen to interested parties such as claimants, their representatives, and employers, after which a decision will be issued within 10 days.

That decision is appealable to the Unemployment Compensation Review Commission within 21 days.  

Right now, it's unclear if any other factories in the state with striking workers qualify for a hearing or how these hearings will impact strike in the state.

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