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SB1994 Enrolled |
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LRB093 09058 RCE 09290 b |
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| AN ACT in relation to unemployment insurance.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Unemployment Insurance Act is amended by |
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| changing Section
604
as follows:
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| (820 ILCS 405/604)
(from Ch. 48, par. 434)
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| Sec. 604. Labor dispute. An individual shall be ineligible |
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| for benefits for any week with respect
to which it is found |
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| that his total or partial unemployment is due to a
stoppage of |
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| work which exists because of a labor dispute at the factory,
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| establishment, or other premises at which he is or was last |
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| employed.
The term "labor dispute" does not include an |
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| individual's
refusal to work because of his employer's failure |
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| to pay
accrued earned wages within 10 working days from the |
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| date due, or to pay
any other uncontested accrued obligation |
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| arising out of his employment
within 10 working days from the |
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| date due.
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| For the purpose of disqualification under this Section the |
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| term "labor
dispute" does not include a lockout by an employer, |
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| and no individual shall
be denied benefits by reason of a |
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| lockout, provided that no individual shall be
eligible for |
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| benefits during a lockout who is ineligible for benefits under
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| another Section of this Act, and provided further that no |
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| individual locked out
by an employer shall be eligible for |
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| benefits for any week during
which (1) the employer refuses to |
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| meet under reasonable conditions with the
recognized or |
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| certified collective bargaining representative of the locked
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| out employees refuses to meet under reasonable conditions with |
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| the employer
to discuss the issues giving rise to the lockout |
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| or (2) there
is a final adjudication under the National Labor |
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| Relations Act that during
the period of the lockout the |
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| employer has refused to bargain in good faith
with the |
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SB1994 Enrolled |
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LRB093 09058 RCE 09290 b |
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| recognized or certified collective bargaining representative |
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| of
the locked-out employees has refused to bargain in good |
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| faith with the
employer over issues giving rise to the lockout, |
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| or (3) the
lockout has resulted as a direct consequence of a |
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| violation by the recognized
or certified collective bargaining |
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| representative of the locked out employees
of
violates the |
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| provisions of an existing collective bargaining
agreement. An |
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| individual's total or partial unemployment resulting from any
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| reduction in operations or reduction of force or layoff of |
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| employees by an
employer made in the course of or in |
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| anticipation of collective bargaining
negotiations between a |
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| labor organization and such employer, is not due to
a stoppage |
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| of work which exists because of a labor dispute until the date
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| of actual commencement of a strike or lockout.
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| This Section shall not apply if it is shown that (A) the |
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| individual is
not participating in or financing or directly |
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| interested in the labor
dispute which caused the stoppage of |
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| work and (B) he does not belong to a
grade or class of workers |
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| of which immediately before the commencement of
the stoppage |
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| there were members employed at the premises at which the
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| stoppage occurs, any of whom are participating in or financing |
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| or directly
interested in the dispute; provided, that a lockout |
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| by the employer or an
individual's failure to cross a picket |
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| line at such factory, establishment,
or other premises shall |
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| not, in itself, be deemed to be participation by
him in the |
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| labor dispute. If in any case, separate branches
of work which |
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| are commonly conducted as separate businesses in separate
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| premises are conducted in separate departments of the same |
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| premises, each
such department shall, for the purpose of this |
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| Section, be deemed to be a
separate factory, establishment, or |
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| other premises.
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| Whenever any claim involves the provisions of this Section, |
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| the claims
adjudicator referred to in Section 702 shall make a |
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| separate determination
as to the eligibility or ineligibility |
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| of the claimant with respect to the
provisions of this Section. |
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| This separate determination may be appealed to
the Director in |