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  for  any week during which (1) the employer refuses
21    to meet under reasonable conditions with  the  recognized  or
22    certified  collective bargaining representative of the locked
23    out employees to  discuss  the  issues  giving  rise  to  the
24    lockout  or  (2)  there  is  a  final  adjudication under the
25    National Labor Relations Act that during the  period  of  the
26    lockout  the  employer  has  refused to bargain in good faith
27    with  the  recognized  or  certified  collective   bargaining
28    representative of the locked-out employees over issues giving
29    rise  to  the  lockout,  or  (3)  the  lockout  violates  the
30    provisions of an existing collective bargaining agreement. An
31    individual's total or partial unemployment resulting from any
                            -2-                LRB9206195WHpr
 1    reduction  in  operations  or reduction of force or layoff of
 2    employees by  an  employer  made  in  the  course  of  or  in
 3    anticipation  of collective bargaining negotiations between a
 4    labor organization  and  such  employer,  is  not  due  to  a
 5    stoppage  of  work  which  exists  because of a labor dispute
 6    until the date of actual commencement of a strike or lockout.
 7        This Section shall not apply if it is shown that (A)  the
 8    individual  is  not participating in or financing or directly
 9    interested in the labor dispute which caused the stoppage  of
10    work  and  (B)  he  does  not  belong  to a grade or class of
11    workers of which immediately before the commencement  of  the
12    stoppage there were members employed at the premises at which
13    the  stoppage  occurs,  any  of  whom are participating in or
14    financing or directly interested in  the  dispute;  provided,
15    that  a lockout by the employer or an individual's failure to
16    cross a picket line at such factory, establishment, or  other
17    premises  shall  not,  in  itself (or in combination with the
18    individual's right  to  terms  or  conditions  of  employment
19    offered  or  ultimately  provided  to members of a collective
20    bargaining unit other than his or hers as  a  result  of  the
21    labor  dispute),  be  deemed  to be participation by him or a
22    direct interest on his part in the labor dispute.  If in  any
23    case,  separate branches of work which are commonly conducted
24    as separate businesses in separate premises are conducted  in
25    separate   departments   of  the  same  premises,  each  such
26    department shall, for the purpose of this Section, be  deemed
27    to be a separate factory, establishment, or other premises.
28        Whenever  any  claim  involves  the  provisions  of  this
29    Section,  the  claims  adjudicator referred to in Section 702
30    shall make a separate determination as to the eligibility  or
31    ineligibility  of the claimant with respect to the provisions
32    of this Section.  This separate determination may be appealed
33    to the Director in the manner prescribed by Section 800.
34    (Source: P.A. 85-956.)
                            -3-                LRB9206195WHpr
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.

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