Z-451                 _______________________________________________

                                                   SENATE BILL NO. 5059

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senators Warnke, Talmadge, Bender, Rasmussen, McDermott, Fleming, Conner, Lee, Vognild, Metcalf, Zimmerman, Garrett, Bauer, Smitherman, Williams and Wojahn; by request of Lieutenant Governor

Read first time 1/14/87 and referred to Committee on Commerce & Labor.

AN ACT Relating to unemployment compensation during labor disputes; 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:

(1) An individual shall be disqualified for benefits for any week with respect to which the commissioner finds that ((his)) the unemployment is due to a stoppage of work which exists because of a labor dispute, other than a lockout, at the factory, establishment, or other premises at which he or she is or was last employed((:  PROVIDED, That this section shall)).

(2) "Lockout," as used in this section, means the independent action of an employer in refusing to furnish work for the purpose of compelling an employee or employees to accept terms or make concessions favorable to the employer.  The commissioner shall find that a lockout exists, whether or not such action is to obtain for the employer more advantageous terms or concessions, if an employer:

(a) Fails to provide employment to the employees with whom the employer is engaged in a labor dispute, either by physically closing the factory, establishment, or other premises or informing employees that there will be no work until the labor dispute has terminated; or

(b) Makes an announcement that work will be available after the expiration of the existing contract only under terms and conditions which are less favorable to the employees than those current immediately prior to the announcement.

In either event, the recognized or certified bargaining agent shall have advised the employer that the employees with whom the employer is engaged in the labor dispute are ready, able, and willing to continue working pending the negotiation of a new contract under the terms and conditions current immediately prior to the announcement or the failure to provide employment.

(3) Subsection (1) of this section does not apply if it is shown to the satisfaction of the commissioner that the individual:

          (((1) he)) (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, 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 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, be deemed to be a separate factory, establishment, or other premises.