H-741                _______________________________________________

                                                    HOUSE BILL NO. 372

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Patrick and Brough

Read first time 1/28/87 and referred to Committee on Commerce & Labor.

AN ACT Relating to unemployment compensation for locked-out workers; amending RCW 50.20.090; and declaring an emergency.

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 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:

(1) The individual is unemployed due to an offensive lockout by his or her employer.  Individuals unemployed due to a defensive lockout by the employer shall be disqualified for benefits under this section.  For the purposes of this section, "offensive lockout" means a lockout by the employer prior to any employee action; and "defensive lockout" means a lockout in response to employee action including, but not limited to, a strike against one or more employers who are part of the same multi-employer bargaining unit, a slowdown, or other overt action, or concerted activity affecting the business operations of the employer; or

          (((1) he)) (2) The individual is not participating in or financing or directly interested in the labor dispute which caused the stoppage of work; ((and)) or

          (((2) he)) (3) The individual 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.

NEW SECTION. Sec. 2.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 3.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.