1. A. Agreement with employer (V L 475.1). A Collective Bar- gaining Agreement is an agreement between employer(s) and an organized group of workers which covers reciprocally agreed conditions of work.

   1. 1. The violation of a Collective Bargaining Agreement by either the employer or employee except in cases involving application of the labor dispute disqualification provision under A.R.S. § 23-777 is merely a breach of an obligation to abide by the terms of the agreement.

   2. 2. A violation of a bargaining agreement by an employer would not necessarily provide a worker with a good cause for leaving under the provisions of the Employment Security Law of Arizona. Good cause in connection with the work would be found if:

      1. a. The employer’s action caused or would cause the claimant to suffer a substantial hardship or possible physical injury; or
      2. b. The claimant can establish that continuation of the employment would result in penalty by his union which would be detrimental to him in obtaining other work.
   3. 3. Leaving work because of alleged violations of a bargaining agreement concerning wages, hours, or working conditions should be adjudicated under the appropriate Section of these rules.
   4. 4. In any case, failure by the claimant to attempt to adjust his grievance through the grievance procedure of his union would preclude a finding of good cause.

2. B. Refusal to join or retain membership in union (V L 475.6)

   1. 1. A worker who has separated from work because of his refusal to join or retain membership in a union in a state which does not have a “right-to-work” law will have left work voluntarily without good cause in connection with the work when:

      1. a. He accepts employment with the understanding that he will be required to join a union and then refuses to comply with the agreement; or
      2. b. He allows his membership in the union to lapse when his employment depended on his remaining in good standing in his union.
   2. 2. The above policy applies even if the employer is the one who informed the claimant that he was no longer employed.
   3. 3. Under present statutes, rule R6-3-50475(B) does not apply to Arizona, which has a “right-to-work” law.

Historical Note

Former Rule number - Voluntary Leaving 475. - 475.6. Former Rule repealed, new Section R6-3-50475 adopted effective January 24, 1977 (Supp. 77-1).