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Public Act 093-1088
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| SB1994 Enrolled |
LRB093 09058 RCE 09290 b |
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AN ACT in relation to unemployment insurance.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Unemployment Insurance Act is amended by |
changing Section
604
as follows:
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(820 ILCS 405/604)
(from Ch. 48, par. 434)
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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,
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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.
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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
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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 employer refuses to |
meet under reasonable conditions with the
recognized or |
certified collective bargaining representative of the locked
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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 |
employer has refused to bargain in good faith
with the |
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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
violates the |
provisions of an existing collective bargaining
agreement. An |
individual's total or partial unemployment resulting from any
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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
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of actual commencement of a strike or lockout.
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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
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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
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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.
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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 |