H-3588              _______________________________________________

                                                   HOUSE BILL NO. 1862

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representative Wang

Read first time 1/23/86 and referred to Committee on Commerce & Labor.

AN ACT Relating to unemployment compensation benefits; and amending RCW 50.20.090.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 77, chapter 35, Laws of 1945 as amended by section 12, chapter 8, Laws of 1953 ex. sess. and RCW 50.20.090 are each amended to read as follows:

          An individual shall be disqualified for benefits for any week with respect to which the commissioner finds that ((his)) the individual's unemployment is due to ((a stoppage of work which exists because of)) a labor dispute in active progress at the factory, establishment, or other premises at which ((he)) the individual is or was last employed:  PROVIDED, That this section shall not apply if it is shown to the satisfaction of the commissioner that the individual:

          (1) ((he)) Has been locked out of employment by the employer; or

(2) Has been replaced in his or her job or position by the employer hiring a permanent replacement; or

(3) (a)  Is not participating in or financing or directly interested in the labor dispute ((which caused the stoppage of work)); ((and

          (2) he)) (b) Does not belong to a grade or class of workers of which, immediately before the commencement of the ((stoppage)) labor dispute, there were members employed at the premises at which the ((stoppage)) dispute occurs, any of whom are participating in or financing or directly interested in the dispute:  PROVIDED, That 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 subdivision)) (b) of this subsection, be deemed to be a separate factory, establishment, or other premises.

For the purposes of this subsection, an individual who is otherwise qualified for the exemption is not deemed to be participating in a labor dispute to the extent that the individual is solely honoring or refusing to cross a picket line.