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(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
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 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 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. 93-1088, eff. 1-1-06.)
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