SB1994 Enrolled

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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, 
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represented in the General Assembly: 


 
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    Section 5.  The Unemployment Insurance Act is amended by 
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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 
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for benefits for any week with respect
to which it is found 
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that his total or partial unemployment is due to a
stoppage of 
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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 
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employed.
The term "labor dispute" does not include an 
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individual's
refusal to work because of his employer's failure 
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to pay
accrued earned wages within 10 working days from the 
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date due, or to pay
any other uncontested accrued obligation 
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arising out of his employment
within 10 working days from the 
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date due.

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    For the purpose of disqualification under this Section the 
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term "labor
dispute" does not include a lockout by an employer, 
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and no individual shall
be denied benefits by reason of a 
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lockout, provided that no individual shall be
eligible for 
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benefits during a lockout who is ineligible for benefits under

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another Section of this Act, and provided further that no 
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individual locked out
by an employer shall be eligible for 
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benefits for any week during
which (1) the employer refuses to 
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meet under reasonable conditions with the
recognized or 
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certified collective bargaining representative of the locked

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out employees refuses to meet under reasonable conditions with 
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the employer
to discuss the issues giving rise to the lockout 
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or (2) there
is a final adjudication under the National Labor 
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Relations Act that during
the period of the lockout the 
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employer has refused to bargain in good faith
with the 
 


 






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recognized or certified collective bargaining representative 
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of
the locked-out employees has refused to bargain in good 
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faith with the
employer over issues giving rise to the lockout, 
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or (3) the
lockout has resulted as a direct consequence of a 
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violation by the recognized
or certified collective bargaining 
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representative of the locked out employees
of
violates the 
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provisions of an existing collective bargaining
agreement. An 
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individual's total or partial unemployment resulting from any

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reduction in operations or reduction of force or layoff of 
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employees by an
employer made in the course of or in 
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anticipation of collective bargaining
negotiations between a 
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labor organization and such employer, is not due to
a stoppage 
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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 
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individual is
not participating in or financing or directly 
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interested in the labor
dispute which caused the stoppage of 
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work and (B) he does not belong to a
grade or class of workers 
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of which immediately before the commencement of
the stoppage 
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there were members employed at the premises at which the

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stoppage occurs, any of whom are participating in or financing 
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or directly
interested in the dispute; provided, that a lockout 
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by the employer or an
individual's failure to cross a picket 
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line at such factory, establishment,
or other premises shall 
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not, in itself, be deemed to be participation by
him in the 
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labor dispute.  If in any case, separate branches
of work which 
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are commonly conducted as separate businesses in separate

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premises are conducted in separate departments of the same 
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premises, each
such department shall, for the purpose of this 
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Section, be deemed to be a
separate factory, establishment, or 
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other premises.

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    Whenever any claim involves the provisions of this Section, 
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the claims
adjudicator referred to in Section 702 shall make a 
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separate determination
as to the eligibility or ineligibility 
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of the claimant with respect to the
provisions of this Section.  
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This separate determination may be appealed to
the Director in 
 


 






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the manner prescribed by Section 800.  

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(Source: P.A. 85-956.)