H-1219.1  _______________________________________________

                          HOUSE BILL 1696

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Wood, Conway and Cooper

Read first time 02/02/1999.  Referred to Committee on Commerce & Labor.

Revising strike-related disqualifications for employment compensation.

    AN ACT Relating to strike or lockout disqualifications for unemployment benefits; and amending RCW 50.20.090.

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

    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) 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) Subsection (1) of this section does not apply if it is shown to the satisfaction of the commissioner that the individual is participating in a strike which the regional director of the national labor relations board has considered and has made an initial determination that:  (a) The strike was called due to an unfair labor practice of the employer; and (b) the employer engaged in an unfair labor practice.  Individuals engaged in a strike meeting those criteria are eligible for benefits from the date the national labor relations board receives the unfair labor practice complaint.  After the regional director's determination of an unfair labor practice, conditional payment shall be made for all benefits accruing from the date of eligibility.  If a later ruling overturns the regional director's initial determination, benefit payments shall cease and any benefit payments made shall be subject to recoupment.

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

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