Full Text of HB4143 103rd General Assembly
HB4143 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4143 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: | | 820 ILCS 405/604 | from Ch. 48, par. 434 |
| Amends the Unemployment Insurance Act. Provides that an individual shall be ineligible for benefits for a period totaling and not to exceed 2 weeks (rather than 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, establishment, or other premises at which he is or was last employed. Provides that, after the 2 week period, the individual will be eligible for benefits. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning employment. | 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 ineligible | 8 | | for benefits for a period totaling and not to exceed 2 weeks | 9 | | any week with respect to which it is found that his total or | 10 | | partial unemployment is due to a stoppage of work which exists | 11 | | because of a labor dispute at the factory, establishment, or | 12 | | other premises at which he is or was last employed. After the 2 | 13 | | week period, the individual will be eligible for benefits. The | 14 | | term "labor dispute" does not include an individual's refusal | 15 | | to work because of his employer's failure to pay accrued | 16 | | earned wages within 10 working days from the date due, or to | 17 | | pay any other uncontested accrued obligation arising out of | 18 | | his employment within 10 working days from the date due. | 19 | | For the purpose of disqualification under this Section the | 20 | | term "labor dispute" does not include a lockout by an | 21 | | employer, and no individual shall be denied benefits by reason | 22 | | of a lockout, provided that no individual shall be eligible | 23 | | for benefits during a lockout who is ineligible for benefits |
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| 1 | | under another Section of this Act, and provided further that | 2 | | no individual locked out by an employer shall be eligible for | 3 | | benefits for any week during which (1) the recognized or | 4 | | certified collective bargaining representative of the locked | 5 | | out employees refuses to meet under reasonable conditions with | 6 | | the employer to discuss the issues giving rise to the lockout | 7 | | or (2) there is a final adjudication under the National Labor | 8 | | Relations Act that during the period of the lockout the | 9 | | recognized or certified collective bargaining representative | 10 | | of the locked-out employees has refused to bargain in good | 11 | | faith with the employer over issues giving rise to the | 12 | | lockout, or (3) the lockout has resulted as a direct | 13 | | consequence of a violation by the recognized or certified | 14 | | collective bargaining representative of the locked out | 15 | | employees of the provisions of an existing collective | 16 | | bargaining agreement. An individual's total or partial | 17 | | unemployment resulting from any reduction in operations or | 18 | | reduction of force or layoff of employees by an employer made | 19 | | in the course of or in anticipation of collective bargaining | 20 | | negotiations between a labor organization and such employer, | 21 | | is not due to a stoppage of work which exists because of a | 22 | | labor dispute until the date of actual commencement of a | 23 | | strike or lockout. | 24 | | This Section shall not apply if it is shown that (A) the | 25 | | individual is not participating in or financing or directly | 26 | | interested in the labor dispute which caused the stoppage of |
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| 1 | | work and (B) he does not belong to a grade or class of workers | 2 | | of which immediately before the commencement of the stoppage | 3 | | there were members employed at the premises at which the | 4 | | stoppage occurs, any of whom are participating in or financing | 5 | | or directly interested in the dispute; provided, that a | 6 | | lockout by the employer or an individual's failure to cross a | 7 | | picket line at such factory, establishment, or other premises | 8 | | shall not, in itself, be deemed to be participation by him in | 9 | | the labor dispute. If in any case, separate branches of work | 10 | | which are commonly conducted as separate businesses in | 11 | | separate premises are conducted in separate departments of the | 12 | | same premises, each such department shall, for the purpose of | 13 | | this Section, be deemed to be a separate factory, | 14 | | establishment, or other premises. | 15 | | Whenever any claim involves the provisions of this | 16 | | Section, the claims adjudicator referred to in Section 702 | 17 | | shall make a separate determination as to the eligibility or | 18 | | ineligibility of the claimant with respect to the provisions | 19 | | of this Section. This separate determination may be appealed | 20 | | to the Director in the manner prescribed by Section 800. | 21 | | (Source: P.A. 93-1088, eff. 1-1-06 .) |
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