101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5505

 

Introduced , by Rep. Michael Halpin

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/604  from Ch. 48, par. 434

    Amends the Unemployment Insurance Act. Provides that an individual is not disqualified from obtaining benefits during a period of unemployment caused by a labor dispute if the labor dispute is caused by the failure or refusal of the employer to comply with an agreement or contract between the employer and the claimant, including a collective bargaining agreement with a union representing the claimant, or a State or federal law pertaining to hours, wages, or other conditions of work. Provides that an individual is not disqualified from obtaining benefits caused by a labor dispute, including a strike or other concerted activities of employees at the claimant's workplace, whether or not authorized or sanctioned by a union representing the claimant, but not including a dispute caused by the failure of the employer to comply with an agreement or law pertaining to wages, hour, or conditions of work, after the period of the first 30 days following the commencement of the unemployment caused by the labor dispute. Provides that the period without benefits does not apply if the employer hires a permanent replacement worker for the claimant's position. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5505LRB101 19024 JLS 68484 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unemployment Insurance Act is amended by
5changing Section 604 as follows:
 
6    (820 ILCS 405/604)   (from Ch. 48, par. 434)
7    Sec. 604. Labor dispute. An individual shall be ineligible
8for benefits for any week with respect to which it is found
9that his total or partial unemployment is due to a stoppage of
10work which exists because of a labor dispute at the factory,
11establishment, or other premises at which he is or was last
12employed. The term "labor dispute" does not include an
13individual's refusal to work because of his employer's failure
14to pay accrued earned wages within 10 working days from the
15date due, or to pay any other uncontested accrued obligation
16arising out of his employment within 10 working days from the
17date due.
18    For the purpose of disqualification under this Section the
19term "labor dispute" does not include a lockout by an employer,
20and no individual shall be denied benefits by reason of a
21lockout, provided that no individual shall be eligible for
22benefits during a lockout who is ineligible for benefits under
23another Section of this Act, and provided further that no

 

 

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1individual locked out by an employer shall be eligible for
2benefits for any week during which (1) the recognized or
3certified collective bargaining representative of the locked
4out employees refuses to meet under reasonable conditions with
5the employer to discuss the issues giving rise to the lockout
6or (2) there is a final adjudication under the National Labor
7Relations Act that during the period of the lockout the
8recognized or certified collective bargaining representative
9of the locked-out employees has refused to bargain in good
10faith with the employer over issues giving rise to the lockout,
11or (3) the lockout has resulted as a direct consequence of a
12violation by the recognized or certified collective bargaining
13representative of the locked out employees of the provisions of
14an existing collective bargaining agreement. An individual's
15total or partial unemployment resulting from any reduction in
16operations or reduction of force or layoff of employees by an
17employer made in the course of or in anticipation of collective
18bargaining negotiations between a labor organization and such
19employer, is not due to a stoppage of work which exists because
20of a labor dispute until the date of actual commencement of a
21strike or lockout.
22    This Section shall not apply if it is shown that (A) the
23individual is not participating in or financing or directly
24interested in the labor dispute which caused the stoppage of
25work and (B) he does not belong to a grade or class of workers
26of which immediately before the commencement of the stoppage

 

 

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1there were members employed at the premises at which the
2stoppage occurs, any of whom are participating in or financing
3or directly interested in the dispute; provided, that a lockout
4by the employer or an individual's failure to cross a picket
5line at such factory, establishment, or other premises shall
6not, in itself, be deemed to be participation by him in the
7labor dispute. If in any case, separate branches of work which
8are commonly conducted as separate businesses in separate
9premises are conducted in separate departments of the same
10premises, each such department shall, for the purpose of this
11Section, be deemed to be a separate factory, establishment, or
12other premises.
13    For any claim for a period of unemployment commencing on or
14after the effective date of this amendatory Act of the 101st
15General Assembly, no disqualification under this Section shall
16apply if the labor dispute is caused by the failure or refusal
17of the employer to comply with an agreement or contract between
18the employer and the claimant, including a collective
19bargaining agreement with a union representing the claimant, or
20a State or federal law pertaining to hours, wages, or other
21conditions of work.
22    For any claim for a period of unemployment commencing on or
23after the effective date of this amendatory Act of the 101st
24General Assembly, if the unemployment is caused by a labor
25dispute, including a strike or other concerted activities of
26employees at the claimant's workplace, whether or not

 

 

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1authorized or sanctioned by a union representing the claimant,
2but not including a dispute during which benefits are otherwise
3available under this Section, the claimant shall not be
4provided benefits for a period of the first 30 days following
5the commencement of the unemployment caused by the labor
6dispute, except that the period without benefits shall not
7apply if the employer hires a permanent replacement worker for
8the claimant's position. A replacement worker shall be presumed
9to be permanent unless the employer certifies in writing that
10the claimant will be permitted to return to his or her prior
11position upon conclusion of the dispute. If the employer does
12not permit the return, the claimant shall be entitled to
13recover any benefits lost as a result of the 30-day waiting
14period before receiving benefits, and the Department may impose
15a penalty upon the employer of up to $750 per employee per week
16of benefits lost. The penalty collected shall be paid into the
17Special Administrative Account.
18    Whenever any claim involves the provisions of this Section,
19the claims adjudicator referred to in Section 702 shall make a
20separate determination as to the eligibility or ineligibility
21of the claimant with respect to the provisions of this Section.
22This separate determination may be appealed to the Director in
23the manner prescribed by Section 800.
24(Source: P.A. 93-1088, eff. 1-1-06.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.