[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_SB0229
820 ILCS 405/604 from Ch. 48, par. 434
Amends the Unemployment Insurance Act. In the Section
concerning labor disputes, provides that an individual who
becomes totally or partially unemployed due to a stoppage of
work that exists because of a labor dispute at the
individual's place of employment shall, for the duration of
the dispute and regardless of any other services the
individual performs, be considered as last employed at that
place unless the individual completely severs his or her
relationship with that place. Effective immediately.
LRB9001523DJcd
LRB9001523DJcd
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. For purposes of this Section, an
14 individual who becomes totally or partially unemployed due
15 to a stoppage of work that exists because of a labor dispute
16 at the factory, establishment, or other premises at which,
17 at the time the dispute commences, the individual is
18 employed shall, for the duration of the dispute and
19 regardless of any other services the individual performs
20 during the dispute, be considered as last employed at that
21 factory, establishment, or other premises unless the
22 individual completely severs his or her relationship with the
23 factory, establishment, or other premises. The term "labor
24 dispute" does not include an individual's refusal to work
25 because of his employer's failure to pay accrued earned wages
26 within 10 working days from the date due, or to pay any other
27 uncontested accrued obligation arising out of his employment
28 within 10 working days from the date due.
29 For the purpose of disqualification under this Section
30 the term "labor dispute" does not include a lockout by an
31 employer for any week during which (1) the employer refuses
-2- LRB9001523DJcd
1 to meet under reasonable conditions with the recognized or
2 certified collective bargaining representative of the locked
3 out employees to discuss the issues giving rise to the
4 lockout or (2) there is a final adjudication under the
5 National Labor Relations Act that during the period of the
6 lockout the employer has refused to bargain in good faith
7 with the recognized or certified collective bargaining
8 representative of the locked-out employees over issues giving
9 rise to the lockout, or (3) the lockout violates the
10 provisions of an existing collective bargaining agreement. An
11 individual's total or partial unemployment resulting from any
12 reduction in operations or reduction of force or layoff of
13 employees by an employer made in the course of or in
14 anticipation of collective bargaining negotiations between a
15 labor organization and such employer, is not due to a
16 stoppage of work which exists because of a labor dispute
17 until the date 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.
-3- LRB9001523DJcd
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.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.