State of Illinois
90th General Assembly
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90_HB0146

      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. Effective immediately.
                                                     LRB9000506WHmg
                                               LRB9000506WHmg
 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
                            -2-                LRB9000506WHmg
 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.
                            -3-                LRB9000506WHmg
 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.

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