IM-103 October 4, 2004; IM-32 April 1, 1999
An EU member not working because of a strike or a lockout at his/her place of employment is not sanctioned solely for being on strike unless the strike is in violation of the section 208 of the Labor-Management Relations Act (29 U.S.C. 78) (commonly known as the Taft-Hartley Act) or an injunction has been issued under Section 10 of the Railway Labor Act. To enjoin a strike under the Taft-Hartley Act or Section 10 of the Railway Labor Act, the appropriate federal court must determine, upon petition of the President of the United States, that a strike or a threatened strike affecting an entire industry or a substantial part of it, jeopardizes the national health or safety or essential transportation service.
For example, in the case of the United Steel Workers of America vs. U.S., the Taft-Hartley Act was invoked. In these situations, the entire EU in which the person refusing an offer of employment at the struck plant is disqualified unless it can be shown that the striker was exempt from registration the day before the strike for a reason other than employment. Even a limited issuance to the EU could undermine the intent of federal legislation at a time of national crises and could prolong the strike enjoined by court order.