093_SB1994ham001

 










                                     LRB093 09058 WGH 16620 a

 1                    AMENDMENT TO SENATE BILL 1994

 2        AMENDMENT NO.     .  Amend Senate Bill 1994 by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The Unemployment Insurance Act is amended by
 5    changing Section 604 as follows:

 6        (820 ILCS 405/604) (from Ch. 48, par. 434)
 7        Sec.   604.    Labor  dispute.  An  individual  shall  be
 8    ineligible for benefits for any week with respect to which it
 9    is found that his total or partial unemployment is due  to  a
10    stoppage  of  work which exists because of a labor dispute at
11    the factory, establishment, or other premises at which he  is
12    or  was  last  employed.  The  term  "labor dispute" does not
13    include an  individual's  refusal  to  work  because  of  his
14    employer's  failure  to  pay  accrued  earned wages within 10
15    working  days  from  the  date  due,  or  to  pay  any  other
16    uncontested accrued obligation arising out of his  employment
17    within 10 working days from the date due.
18        For  the  purpose  of disqualification under this Section
19    the term "labor dispute" does not include  a  lockout  by  an
20    employer,  and  no  individual  shall  be  denied benefits by
21    reason of a lockout, provided that  no  individual  shall  be
22    eligible  for benefits during a lockout who is ineligible for
 
                            -2-      LRB093 09058 WGH 16620 a
 1    benefits under another Section  of  this  Act,  and  provided
 2    further that no individual locked out by an employer shall be
 3    eligible  for  benefits  for  any  week  during which (1) the
 4    employer refuses to meet under reasonable conditions with the
 5    recognized or certified collective bargaining  representative
 6    of  the locked out employees refuses to meet under reasonable
 7    conditions with the employer to  discuss  the  issues  giving
 8    rise  to  the  lockout  or  (2) there is a final adjudication
 9    under the National Labor Relations Act that during the period
10    of the lockout the employer has refused to  bargain  in  good
11    faith  with the recognized or certified collective bargaining
12    representative of the locked-out  employees  has  refused  to
13    bargain  in  good  faith with the employer over issues giving
14    rise to the lockout, or (3) the lockout  has  resulted  as  a
15    direct  consequence  of  a  violation  by  the  recognized or
16    certified collective bargaining representative of the  locked
17    out  employees  of  violates  the  provisions  of an existing
18    collective bargaining agreement.  An  individual's  total  or
19    partial   unemployment   resulting   from  any  reduction  in
20    operations or reduction of force or layoff of employees by an
21    employer  made  in  the  course  of  or  in  anticipation  of
22    collective   bargaining   negotiations   between   a    labor
23    organization  and  such employer, is not due to a stoppage of
24    work which exists because of a labor dispute until  the  date
25    of actual commencement of a strike or lockout.
26        This  Section shall not apply if it is shown that (A) the
27    individual is not participating in or financing  or  directly
28    interested  in the labor dispute which caused the stoppage of
29    work and (B) he does not  belong  to  a  grade  or  class  of
30    workers  of  which immediately before the commencement of the
31    stoppage there were members employed at the premises at which
32    the stoppage occurs, any of  whom  are  participating  in  or
33    financing  or  directly  interested in the dispute; provided,
34    that a lockout by the employer or an individual's failure  to
 
                            -3-      LRB093 09058 WGH 16620 a
 1    cross  a picket line at such factory, establishment, or other
 2    premises shall not, in itself, be deemed to be  participation
 3    by  him  in  the  labor  dispute.   If  in any case, separate
 4    branches of work which are  commonly  conducted  as  separate
 5    businesses  in  separate  premises  are conducted in separate
 6    departments of the same premises, each such department shall,
 7    for the purpose of this Section, be deemed to be  a  separate
 8    factory, establishment, or other premises.
 9        Whenever  any  claim  involves  the  provisions  of  this
10    Section,  the  claims  adjudicator referred to in Section 702
11    shall make a separate determination as to the eligibility  or
12    ineligibility  of the claimant with respect to the provisions
13    of this Section.  This separate determination may be appealed
14    to the Director in the manner prescribed by Section 800.
15    (Source: P.A. 85-956.)".