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92_HB3040 LRB9203655WHcs 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 the27 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 good2 faith with therecognized 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 violatesthe 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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