required within five business days, a supplemental statement incorporating such information
shall be filed as soon as the information is available.
(2) To disqualify an individual for benefits because of being directly interested and
consequently being directly involved in a labor dispute, the commission must find that the
resolution of such labor dispute may reasonably be expected to affect the individual's wages,
hours, or other conditions of employment. In the absence of substantial and preponderating
evidence to the contrary, a "reasonable expectation" of an effect shall be deemed to exist if any
1 of the following 3 circumstances is found to be applicable:
(a) If it is established that there is, in the particular establishment or employing unit, a practice
or custom or contractual obligation to extend, within a reasonable period, to members of
the individual's grade or class of workers, in the establishment in which the individual is or
was last employed, changes in terms and conditions of employment which are substantially
similar or related to some or all of the changes in terms and conditions of employment which
are made for the workers among whom the labor dispute exists which has caused the
individual's total or partial unemployment. For the purpose of determining the "practice or
custom" of an establishment or employing unit, as this phrase is used in this
subdivision, the collective bargaining history of the employing unit shall be examined for the
period of existence of the employing unit, but for not more than 5 years preceding the inception
of the current labor dispute. A "practice or custom" shall be deemed to exist if, and only
if, the employing unit has always, during the period examined, extended changes in terms and
conditions of employment to members of the individual's grade or class of workers which were
substantially similar or related to some or all of the changes in terms and conditions of
employment which were made for the workers among whom the current labor dispute exists
or existed. The phrase "extend within a reasonable period," as used in this subdivision,
means that the establishment or employing unit has, by past practice, custom, or contract,
actually effectuated substantially similar or related changes for members of the individual's
grade or class of workers within 90 days after changes were made for the workers among
whom there exists or existed the labor dispute which caused the unemployment in question.
The requirement in this subdivision that the changes in terms and conditions shall have been
substantially similar or related does not mean that the changes extended each time, during the
period examined, to members of the individual's grade or class of workers shall have
been identical.
(b) If it is established that 1 of the issues in or purposes of such labor dispute is to obtain a
change in the terms and conditions of employment for members of the individual's grade or
class of workers in the establishment in which the individual is or was last employed.
(c) If such labor dispute exists at a time when the collective bargaining agreement,
which covers the individual's grade or class of workers in the establishment in which the
individual is or was last employed and the workers in another establishment of the same
employing unit who are actively participating in such labor dispute, has expired, has been
opened by mutual consent, or may, by its terms, be modified, supplemented, or replaced.
Notwithstanding the applicability of subdivision (a), (b), or (c) of this subrule, an individual
shall not be deemed to be directly interested in a labor dispute if there is substantial and
preponderating evidence which indicates that there is no reasonable expectation that the
individual's wages, hours, or other conditions of employment may be affected by the
resolution of the current labor dispute.
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