Section 871.24.5. Mass separation—definition and procedure.

       24.5(1) Mass separation. A mass separation is a layoff of all or a large number of workers, either permanently, indefinitely, or for a specific duration by one or more employers in the same area, at approximately the same time, and for the same common reason.

        a.           The special procedures for mass claim filing may be applied by the department, and the procedures may include taking claims at a designated site or utilizing an electronic mass claim entry form.

        b.           If other facilities must be obtained for a mass layoff, the order of precedence for obtaining such facilities will be as follows:

       (1)             Interested employer involved.

       (2)             Bona fide union which represents the workers.

       (3)             Public facility (i.e., courthouse, city hall).

       24.5(2) Cooperation of employers. To enable workforce development centers to make the preliminary arrangements for mass claim taking, the major employers in the area should notify the local office in advance, as soon as they know that a mass separation will take place. The workforce development center shall provide the information to legal counsel for the unemployment insurance services bureau so that the mass claim separation can be coordinated between the affected parties. This information should include:

        a.           The number of workers to be separated.

        b.           The date of separation and, if staggered, the number on each date.

        c.           Reason for layoff.

        d.           Its probable duration.

        e.           If recall is anticipated, the date it will begin and, if staggered, the number to be recalled on each date.

        f.            Rescinded IAB 8/6/03, effective 9/10/03.

        g.           Reserved.

        h.           If the layoff is for vacation or inventory purposes, the employer shall follow the vacation pay procedure in rules 24.16(96) and 24.17(96).

       24.5(3) Methods of mass claim taking. The department may adopt a plan, which is based on the employer’s workers, the circumstances and the size of the layoff.

       24.5(4) Announced mass separation. If a mass separation occurs about which the department of workforce development has not been advised in advance in sufficient time to preschedule claimants, then the claimants will be advised of the alternative methods to file their claims as quickly as possible. The department will develop a plan to provide service to the claimants as quickly as possible under the circumstances.

This rule is intended to implement Iowa Code section 96.6(1).