6578 AMS SMIA S5286.1

SB 6578 - S AMD - 120

By Senator Smith

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 50.20.090 and 1988 c 83 s 1 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 the individual's unemployment is:

    (a) Due to a strike at the factory, establishment, or other premises at which the individual is or was last employed; or

    (b) Due to a lockout by his or her employer who is a member of a multi-employer bargaining unit and who has locked out the employees at the factory, establishment, or other premises at which the individual is or was last employed after one member of the multi-employer bargaining unit has been struck by its employees as a result of the multi-employer bargaining process.

    (2) Subsection (1) of this section shall not apply if it is shown to the satisfaction of the commissioner that:

    (a)(i) The individual is not participating in or financing or directly interested in the strike or lockout that caused the individual's unemployment; and

    (((b))) (ii) The individual does not belong to a grade or class of workers of which, immediately before the commencement of the strike or lockout, there were members employed at the premises at which the strike or lockout occurs, any of whom are participating in or financing or directly interested in the strike or lockout:  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; or

(b) The strike that caused the individual's unemployment is found to be an unfair labor practice strike by an administrative law judge or other official with appropriate jurisdiction who has conducted a hearing on the matter, or the judge or official finds that the lockout that caused the individual's unemployment is an unfair labor practice.  The individual shall not be disqualified for benefits for any week in which the unfair labor practice is found to have been committed or for any subsequent weeks in which the lockout or unfair labor practice strike continues.

    (3) Any disqualification imposed under this section shall end when the strike or lockout is terminated."

SB 6578 - S AMD - 120

By Senator Smith

    On page 1, line 2 of the title, after "practices;" strike the remainder of the title and insert "and amending RCW 50.20.090."

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