Public Act 093-1088
 		





SB1994 Enrolled
LRB093 09058 RCE 09290 b






    AN ACT in relation to unemployment insurance. 

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 


 
    Section 5.  The Unemployment Insurance Act is amended by 
changing Section
604
as follows:


 



    (820 ILCS 405/604)
  (from Ch. 48, par. 434)



    Sec. 604. Labor dispute. 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.
The term "labor dispute" does not include an 
individual's
refusal to work because of his employer's failure 
to pay
accrued earned wages within 10 working days from the 
date due, or to pay
any other uncontested accrued obligation 
arising out of his employment
within 10 working days from the 
date due.

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

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

out employees refuses to meet under reasonable conditions with 
the employer
to discuss the issues giving rise to the lockout 
or (2) there
is a final adjudication under the National Labor 
Relations Act that during
the period of the lockout the 
employer has refused to bargain in good faith
with the 
recognized or certified collective bargaining representative 
of
the locked-out employees has refused to bargain in good 
faith with the
employer over issues giving rise to the lockout, 
or (3) the
lockout has resulted as a direct consequence of a 
violation by the recognized
or certified collective bargaining 
representative of the locked out employees
of
violates the 
provisions of an existing collective bargaining
agreement. An 
individual's total or partial unemployment resulting from any

reduction in operations or reduction of force or layoff of 
employees by an
employer made in the course of or in 
anticipation of collective bargaining
negotiations between a 
labor organization and such employer, is not due to
a stoppage 
of work which exists because of a labor dispute until the date

of actual commencement of a strike or lockout.

    This Section shall not apply if it is shown that (A) the 
individual is
not participating in or financing or directly 
interested in the labor
dispute which caused the stoppage of 
work and (B) he does not belong to a
grade or class of workers 
of which immediately before the commencement of
the stoppage 
there were members employed at the premises at which the

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

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

    Whenever any claim involves the provisions of this Section, 
the claims
adjudicator referred to in Section 702 shall make a 
separate determination
as to the eligibility or ineligibility 
of the claimant with respect to the
provisions of this Section.  
This separate determination may be appealed to
the Director in 
the manner prescribed by Section 800.  

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






Effective Date:  1/1/2006