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90_HB1165
820 ILCS 405/604 from Ch. 48, par. 434
Amends provisions of the Unemployment Insurance Act
providing that a locked out employee is not disqualified from
receiving unemployment insurance benefits under specified
circumstances. Makes numerous changes in the criteria to be
used in determining whether a locked out employee is
disqualified from receiving benefits.
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1 AN ACT to amend the Unemployment Insurance Act by
2 changing Section 604.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unemployment Insurance Act is amended by
6 changing Section 604 as follows:
7 (820 ILCS 405/604) (from Ch. 48, par. 434)
8 Sec. 604. Labor dispute. An individual shall be
9 ineligible for benefits for any week with respect to which it
10 is found that his total or partial unemployment is due to a
11 stoppage of work which exists because of a labor dispute at
12 the factory, establishment, or other premises at which he is
13 or was last employed. The term "labor dispute" does not
14 include an individual's refusal to work because of his
15 employer's failure to pay accrued earned wages within 10
16 working days from the date due, or to pay any other
17 uncontested accrued obligation arising out of his employment
18 within 10 working days from the date due.
19 For the purpose of disqualification under this Section
20 the term "labor dispute" does not include a lockout by an
21 employer, and no individual shall be denied benefits by
22 reason of a lockout, provided that no individual shall be
23 eligible for benefits during a lockout who is ineligible for
24 benefits under another Section of this Act, and provided
25 further that no individual locked out by an employer shall be
26 eligible for benefits for any week during which (1) the
27 employer refuses to meet under reasonable conditions with the
28 recognized or certified collective bargaining representative
29 of the locked out employees refuses to meet under reasonable
30 conditions with the employer to discuss the issues giving
31 rise to the lockout or (2) there is a final adjudication
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1 under the National Labor Relations Act that during the period
2 of the lockout the employer has refused to bargain in good
3 faith with the recognized or certified collective bargaining
4 representative of the locked-out employees has refused to
5 bargain in good faith with the employer over issues giving
6 rise to the lockout, or (3) the lockout has resulted as a
7 direct consequence of a violation by the recognized or
8 certified collective bargaining representative of the locked
9 out employees of violates the provisions of an existing
10 collective bargaining agreement. An individual's total or
11 partial unemployment resulting from any reduction in
12 operations or reduction of force or layoff of employees by an
13 employer made in the course of or in anticipation of
14 collective bargaining negotiations between a labor
15 organization and such employer, is not due to a stoppage of
16 work which exists because of a labor dispute until the date
17 of actual commencement of a strike or lockout.
18 This Section shall not apply if it is shown that (A) the
19 individual is not participating in or financing or directly
20 interested in the labor dispute which caused the stoppage of
21 work and (B) he does not belong to a grade or class of
22 workers of which immediately before the commencement of the
23 stoppage there were members employed at the premises at which
24 the stoppage occurs, any of whom are participating in or
25 financing or directly interested in the dispute; provided,
26 that a lockout by the employer or an individual's failure to
27 cross a picket line at such factory, establishment, or other
28 premises shall not, in itself, be deemed to be participation
29 by him in the labor dispute. If in any case, separate
30 branches of work which are commonly conducted as separate
31 businesses in separate premises are conducted in separate
32 departments of the same premises, each such department shall,
33 for the purpose of this Section, be deemed to be a separate
34 factory, establishment, or other premises.
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1 Whenever any claim involves the provisions of this
2 Section, the claims adjudicator referred to in Section 702
3 shall make a separate determination as to the eligibility or
4 ineligibility of the claimant with respect to the provisions
5 of this Section. This separate determination may be appealed
6 to the Director in the manner prescribed by Section 800.
7 (Source: P.A. 85-956.)