Public Act 093-1088
 
SB1994 Enrolled LRB093 09058 RCE 09290 b

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

Effective Date: 1/1/2006