Bill Text: NY A00380 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Ends the ability of a striking worker to collect unemployment benefits.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-06-03 - held for consideration in labor [A00380 Detail]

Download: New_York-2013-A00380-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          380
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. HAWLEY -- read once and referred to the Committee
         on Labor
       AN  ACT  to  amend the labor law, in relation to ending the ability of a
         striking worker to collect unemployment benefits
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 592 of the labor law, as amended by chapter 415 of
    2  the laws of 1983, subdivision 1 as amended by chapter 177 of the laws of
    3  2010, is amended to read as follows:
    4    S 592. Suspension of accumulation of  benefit  rights.  1.  Industrial
    5  controversy.  (a) The accumulation of benefit rights by a claimant shall
    6  be suspended [during a period of seven consecutive weeks beginning with]
    7  the day after such claimant lost his or  her  employment  because  of  a
    8  strike  or  other  industrial controversy except for lockouts, including
    9  concerted activity not authorized or sanctioned  by  the  recognized  or
   10  certified bargaining agent of the claimant, and other concerted activity
   11  conducted  in violation of any existing collective bargaining agreement,
   12  in the establishment in which he or she was employed[, except that bene-
   13  fit rights may be accumulated before the expiration of such seven  weeks
   14  beginning with the day after such strike or other industrial controversy
   15  was terminated].
   16    (b) Benefits shall not be suspended under this section if:
   17    (i)  The employer hires a permanent replacement worker for the employ-
   18  ee's position. A replacement worker shall be presumed to be  [permanent]
   19  TEMPORARY  unless  the  employer  [certifies in writing that] DENIES the
   20  employee [will be able] THE OPPORTUNITY to return to his  or  her  prior
   21  position  upon conclusion of the strike[, in the event the strike termi-
   22  nates prior to the conclusion of the employee's eligibility for  benefit
   23  rights  under  this  chapter]. In the event the employer does not permit
   24  such return [after such certification], THE REPLACEMENT WORKER SHALL  BE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00225-01-3
       A. 380                              2
    1  DEEMED  TO  HAVE  BEEN  A  PERMANENT REPLACEMENT WORKER AND the employee
    2  shall be entitled to recover any benefits lost as a result of the [seven
    3  week] suspension of benefits[, and the department may impose  a  penalty
    4  upon  the employer of up to seven hundred fifty dollars per employee per
    5  week of benefits lost. The penalty collected  shall  be  paid  into  the
    6  unemployment insurance control fund established pursuant to section five
    7  hundred fifty-two-b of this article]; or
    8    (ii) The commissioner determines that the claimant:
    9    (A)  is not employed by an employer that is involved in the industrial
   10  controversy that caused his or her unemployment and is not participating
   11  in the industrial controversy; or
   12    (B) is not in a bargaining unit involved in the industrial controversy
   13  that caused his or her unemployment and  is  not  participating  in  the
   14  industrial controversy.
   15    2. Concurrent payments prohibited. No days of total unemployment shall
   16  be  deemed to occur in any week with respect to which or a part of which
   17  a claimant has received or is seeking  unemployment  benefits  under  an
   18  unemployment  compensation  law  of  any  other  state  or of the United
   19  States, provided that this provision shall not apply if the  appropriate
   20  agency  of  such  other state or of the United States finally determines
   21  that he is not entitled to such unemployment benefits.
   22    3. Terms of suspension. No waiting  period  may  be  served  during  a
   23  suspension period.
   24    The  suspension  of accumulation of benefit rights shall not be termi-
   25  nated by subsequent employment of the claimant irrespective of when  the
   26  claim  is  filed  except as provided in subdivision one and shall not be
   27  confined to a single benefit year.
   28    [A "week" as used in subdivision one of this section means  any  seven
   29  consecutive calendar days.]
   30    S 2. This act shall take effect immediately.