67:10:03:17.  Striker defined. A striker is an individual involved in a strike or concerted work stoppage, work slowdown, or interruption of work operations.

          An individual is not considered a striker in the following situations:

          (1)  The individual's workplace is closed by the employer in order to resist demands of employees;

          (2)  The individual is unable to work because of striking employees, such as a newspaper delivery employee not working because striking pressmen prevent newspapers from being printed; and

          (3)  The individual is not a part of the bargaining unit on strike but does not want to cross a picket line because of a fear of personal injury or death.

          Source: 24 SDR 24, effective August 31, 1997.

          General Authority: SDCL 28-7A-3(1)(3).

          Law Implemented: SDCL 28-7A-3(1)(3).