Full Text of HB5505 101st General Assembly
HB5505 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5505 Introduced , by Rep. Michael Halpin SYNOPSIS AS INTRODUCED: |
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820 ILCS 405/604 |
from Ch. 48, par. 434 |
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Amends the Unemployment Insurance Act. Provides that an individual is not disqualified from obtaining benefits during a period of unemployment caused by a labor dispute if the labor dispute is caused by the failure or refusal of the employer to comply with an agreement or contract between the employer and the claimant, including a collective bargaining agreement with a union representing the claimant, or a State or federal law pertaining to hours, wages, or other conditions of work. Provides that an individual is not disqualified from obtaining benefits caused by a labor dispute, including a strike or other concerted activities of employees at the claimant's workplace, whether or not authorized or sanctioned by a union representing the claimant, but not including a dispute caused by the failure of the employer to comply with an agreement or law pertaining to wages, hour, or conditions of work, after the period of the first 30 days following the commencement of the unemployment caused by the labor dispute. Provides that the period without benefits does not apply if the employer hires a permanent replacement worker for the claimant's position. Effective immediately.
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 ineligible | 8 | | for benefits for any week with respect
to which it is found | 9 | | that his total or partial unemployment is due to a
stoppage of | 10 | | work which exists because of a labor dispute at the factory,
| 11 | | establishment, or other premises at which he is or was last | 12 | | employed.
The term "labor dispute" does not include an | 13 | | individual's
refusal to work because of his employer's failure | 14 | | to pay
accrued earned wages within 10 working days from the | 15 | | date due, or to pay
any other uncontested accrued obligation | 16 | | arising out of his employment
within 10 working days from the | 17 | | date due.
| 18 | | For the purpose of disqualification under this Section the | 19 | | term "labor
dispute" does not include a lockout by an employer, | 20 | | and no individual shall
be denied benefits by reason of a | 21 | | lockout, provided that no individual shall be
eligible for | 22 | | benefits during a lockout who is ineligible for benefits under
| 23 | | another Section of this Act, and provided further that no |
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| 1 | | individual locked out
by an employer shall be eligible for | 2 | | benefits for any week during
which (1) the
recognized or | 3 | | certified collective bargaining representative of the locked
| 4 | | out employees refuses to meet under reasonable conditions with | 5 | | the employer
to discuss the issues giving rise to the lockout | 6 | | or (2) there
is a final adjudication under the National Labor | 7 | | Relations Act that during
the period of the lockout the | 8 | | recognized or certified collective bargaining representative | 9 | | of
the locked-out employees has refused to bargain in good | 10 | | faith with the
employer over issues giving rise to the lockout, | 11 | | or (3) the
lockout has resulted as a direct consequence of a | 12 | | violation by the recognized
or certified collective bargaining | 13 | | representative of the locked out employees
of the provisions of | 14 | | an existing collective bargaining
agreement. An individual's | 15 | | total or partial unemployment resulting from any
reduction in | 16 | | operations or reduction of force or layoff of employees by an
| 17 | | employer made in the course of or in anticipation of collective | 18 | | bargaining
negotiations between a labor organization and such | 19 | | employer, is not due to
a stoppage of work which exists because | 20 | | of a labor dispute until the date
of actual commencement of a | 21 | | strike or lockout.
| 22 | | This Section shall not apply if it is shown that (A) the | 23 | | individual is
not participating in or financing or directly | 24 | | interested in the labor
dispute which caused the stoppage of | 25 | | work and (B) he does not belong to a
grade or class of workers | 26 | | of which immediately before the commencement of
the stoppage |
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| 1 | | there were members employed at the premises at which the
| 2 | | stoppage occurs, any of whom are participating in or financing | 3 | | or directly
interested in the dispute; provided, that a lockout | 4 | | by the employer or an
individual's failure to cross a picket | 5 | | line at such factory, establishment,
or other premises shall | 6 | | not, in itself, be deemed to be participation by
him in the | 7 | | labor dispute. If in any case, separate branches
of work which | 8 | | are commonly conducted as separate businesses in separate
| 9 | | premises are conducted in separate departments of the same | 10 | | premises, each
such department shall, for the purpose of this | 11 | | Section, be deemed to be a
separate factory, establishment, or | 12 | | other premises.
| 13 | | For any claim for a period of unemployment commencing on or | 14 | | after the effective date of this amendatory Act of the 101st | 15 | | General Assembly, no disqualification under this Section shall | 16 | | apply if the labor dispute is caused by the failure or refusal | 17 | | of the employer to comply with an agreement or contract between | 18 | | the employer and the claimant, including a collective | 19 | | bargaining agreement with a union representing the claimant, or | 20 | | a State or federal law pertaining to hours, wages, or other | 21 | | conditions of work. | 22 | | For any claim for a period of unemployment commencing on or | 23 | | after the effective date of this amendatory Act of the 101st | 24 | | General Assembly, if the unemployment is caused by a labor | 25 | | dispute, including a strike or other concerted activities of | 26 | | employees at the claimant's workplace, whether or not |
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| 1 | | authorized or sanctioned by a union representing the claimant, | 2 | | but not including a dispute during which benefits are otherwise | 3 | | available under this Section, the claimant shall not be | 4 | | provided benefits for a period of the first 30 days following | 5 | | the commencement of the unemployment caused by the labor | 6 | | dispute, except that the period without benefits shall not | 7 | | apply if the employer hires a permanent replacement worker for | 8 | | the claimant's position. A replacement worker shall be presumed | 9 | | to be permanent unless the employer certifies in writing that | 10 | | the claimant will be permitted to return to his or her prior | 11 | | position upon conclusion of the dispute. If the employer does | 12 | | not permit the return, the claimant shall be entitled to | 13 | | recover any benefits lost as a result of the 30-day waiting | 14 | | period before receiving benefits, and the Department may impose | 15 | | a penalty upon the employer of up to $750 per employee per week | 16 | | of benefits lost. The penalty collected shall be paid into the | 17 | | Special Administrative Account. | 18 | | Whenever any claim involves the provisions of this Section, | 19 | | the claims
adjudicator referred to in Section 702 shall make a | 20 | | separate determination
as to the eligibility or ineligibility | 21 | | of the claimant with respect to the
provisions of this Section. | 22 | | This separate determination may be appealed to
the Director in | 23 | | the manner prescribed by Section 800.
| 24 | | (Source: P.A. 93-1088, eff. 1-1-06 .)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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