H-3010              _______________________________________________

                                                   HOUSE BILL NO. 2250

                        _______________________________________________

State of Washington                               51st Legislature                      1989 Second Special Session

By Representatives Vekich, Cole, Basich, Wineberry, Hargrove, Leonard, Anderson, Phillips, Jones, Spanel, Jacobsen, R. Fisher, Prentice, P. King, Fraser, Brekke and Morris

Read first time 5/20/89.

AN ACT Relating to unemployment compensation during labor disputes; amending RCW 50.20.090; creating a new section; 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 last amended by section 1, chapter 83, Laws of 1988 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 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) The individual is not participating in or financing or directly interested in the strike ((or lockout)) that caused the individual's unemployment; and

          (b) 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.

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

NEW SECTION. Sec. 2.     Section 1 of this act shall apply retrospectively to all applicable employers and employees as of May 1, 1989.

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