State of Illinois
92nd General Assembly

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 1        AN ACT concerning unemployment insurance.

 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
 8    ineligible for benefits for any week with respect to which it
 9    is found that his total or partial unemployment is due  to  a
10    stoppage  of  work which exists because of a labor dispute at
11    the factory, establishment, or other premises at which he  is
12    or  was  last  employed.  The  term  "labor dispute" does not
13    include an  individual's  refusal  to  work  because  of  his
14    employer's  failure  to  pay  accrued  earned wages within 10
15    working  days  from  the  date  due,  or  to  pay  any  other
16    uncontested accrued obligation arising out of his  employment
17    within 10 working days from the date due.
18        For  the  purpose  of disqualification under this Section
19    the term "labor dispute" does not include  a  lockout  by  an
20    employer,  and  no  individual  shall  be  denied benefits by
21    reason of a lockout, provided that  no  individual  shall  be
22    eligible  for benefits during a lockout who is ineligible for
23    benefits under another Section  of  this  Act,  and  provided
24    further that no individual locked out by an employer shall be
25    eligible  for  benefits  for  any  week  during which (1) the
26    employer refuses to meet under reasonable conditions with the
27    recognized or certified collective bargaining  representative
28    of  the locked out employees refuses to meet under reasonable
29    conditions with the employer to  discuss  the  issues  giving
30    rise  to  the  lockout  or  (2) there is a final adjudication
31    under the National Labor Relations Act that during the period
                            -2-                LRB9203655WHcs
 1    of the lockout the employer has refused to  bargain  in  good
 2    faith  with the recognized or certified collective bargaining
 3    representative of the locked-out  employees  has  refused  to
 4    bargain  in  good  faith with the employer over issues giving
 5    rise to the lockout, or (3) the lockout  has  resulted  as  a
 6    direct  consequence  of  a  violation  by  the  recognized or
 7    certified collective bargaining representative of the  locked
 8    out  employees  of  violates  the  provisions  of an existing
 9    collective bargaining agreement.  An  individual's  total  or
10    partial   unemployment   resulting   from  any  reduction  in
11    operations or reduction of force or layoff of employees by an
12    employer  made  in  the  course  of  or  in  anticipation  of
13    collective   bargaining   negotiations   between   a    labor
14    organization  and  such employer, is not due to a stoppage of
15    work which exists because of a labor dispute until  the  date
16    of actual commencement of a strike or lockout.
17        This  Section shall not apply if it is shown that (A) the
18    individual is not participating in or financing  or  directly
19    interested  in the labor dispute which caused the stoppage of
20    work and (B) he does not  belong  to  a  grade  or  class  of
21    workers  of  which immediately before the commencement of the
22    stoppage there were members employed at the premises at which
23    the stoppage occurs, any of  whom  are  participating  in  or
24    financing  or  directly  interested in the dispute; provided,
25    that a lockout by the employer or an individual's failure  to
26    cross  a picket line at such factory, establishment, or other
27    premises shall not, in itself, be deemed to be  participation
28    by  him  in  the  labor  dispute.   If  in any case, separate
29    branches of work which are  commonly  conducted  as  separate
30    businesses  in  separate  premises  are conducted in separate
31    departments of the same premises, each such department shall,
32    for the purpose of this Section, be deemed to be  a  separate
33    factory, establishment, or other premises.
34        Whenever  any  claim  involves  the  provisions  of  this
                            -3-                LRB9203655WHcs
 1    Section,  the  claims  adjudicator referred to in Section 702
 2    shall make a separate determination as to the eligibility  or
 3    ineligibility  of the claimant with respect to the provisions
 4    of this Section.  This separate determination may be appealed
 5    to the Director in the manner prescribed by Section 800.
 6    (Source: P.A. 85-956.)

 7        Section 99.  Effective date.  This Act takes effect  upon
 8    becoming law.

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