07-12-07 A-4255-04T2
In determining whether striking nurses employed by a notfor-
profit hospital are qualified to receive unemployment
benefits, the Division of Unemployment Insurance must apply its
regulations governing a stoppage-of-work determination in a
flexible manner where, as here, the employer is a regulated
entity. Where a regulated entity is required to maintain
operations and hire temporary replacement workers, as here, the
Director must consider a variety of factors, including a
comparison of net operating revenue before and during the
strike, in determining whether the employer has suffered a
stoppage of work under N.J.A.C. 12:17-12.2(a)(2).
