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92_HB3138 LRB9206195WHpr 1 AN ACT concerning unemployment insurance. 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 8 ineligible for benefits for any week with respect to which it 9 is found that his total or partial unemployment is due to a 10 stoppage of work which exists because of a labor dispute at 11 the factory, establishment, or other premises at which he is 12 or was last employed. The term "labor dispute" does not 13 include an individual's refusal to work because of his 14 employer's failure to pay accrued earned wages within 10 15 working days from the date due, or to pay any other 16 uncontested accrued obligation arising out of his employment 17 within 10 working days from the date due. 18 For the purpose of disqualification under this Section 19 the term "labor dispute" does not include a lockout by an 20 employer for any week during which (1) the employer refuses 21 to meet under reasonable conditions with the recognized or 22 certified collective bargaining representative of the locked 23 out employees to discuss the issues giving rise to the 24 lockout or (2) there is a final adjudication under the 25 National Labor Relations Act that during the period of the 26 lockout the employer has refused to bargain in good faith 27 with the recognized or certified collective bargaining 28 representative of the locked-out employees over issues giving 29 rise to the lockout, or (3) the lockout violates the 30 provisions of an existing collective bargaining agreement. An 31 individual's total or partial unemployment resulting from any -2- LRB9206195WHpr 1 reduction in operations or reduction of force or layoff of 2 employees by an employer made in the course of or in 3 anticipation of collective bargaining negotiations between a 4 labor organization and such employer, is not due to a 5 stoppage of work which exists because of a labor dispute 6 until the date of actual commencement of a strike or lockout. 7 This Section shall not apply if it is shown that (A) the 8 individual is not participating in or financing or directly 9 interested in the labor dispute which caused the stoppage of 10 work and (B) he does not belong to a grade or class of 11 workers of which immediately before the commencement of the 12 stoppage there were members employed at the premises at which 13 the stoppage occurs, any of whom are participating in or 14 financing or directly interested in the dispute; provided, 15 that a lockout by the employer or an individual's failure to 16 cross a picket line at such factory, establishment, or other 17 premises shall not, in itself (or in combination with the 18 individual's right to terms or conditions of employment 19 offered or ultimately provided to members of a collective 20 bargaining unit other than his or hers as a result of the 21 labor dispute), be deemed to be participation by him or a 22 direct interest on his part in the labor dispute. If in any 23 case, separate branches of work which are commonly conducted 24 as separate businesses in separate premises are conducted in 25 separate departments of the same premises, each such 26 department shall, for the purpose of this Section, be deemed 27 to be a separate factory, establishment, or other premises. 28 Whenever any claim involves the provisions of this 29 Section, the claims adjudicator referred to in Section 702 30 shall make a separate determination as to the eligibility or 31 ineligibility of the claimant with respect to the provisions 32 of this Section. This separate determination may be appealed 33 to the Director in the manner prescribed by Section 800. 34 (Source: P.A. 85-956.) -3- LRB9206195WHpr 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.