5041-S.E AMH ABEL LEON 189

ESSB 5041 - H AMD 1136

By Representative Abell

NOT ADOPTED 04/12/2025

On page 2, line 17, after "that" insert ": (A) The strike meets the conditions in subsection (4) of this section; and (B)"

On page 2, after line 31, insert the following:

"(4)(a) Except for when an individual is exempt from the disqualification under subsection (2) of this section, an individual who is unemployed due to a labor strike remains disqualified for benefits under this title unless:

(i) The separating employer has been found by the national labor relations board, the public employment relations commission, or a court of competent jurisdiction to have failed to bargain in good faith or to have engaged in unlawful activity during the course of collective bargaining, including an unfair labor practice under the national labor relations act, as it existed on the effective date of this section, or under other applicable state or federal labor laws; and

(ii) The strike is directly caused by the separating employer's violation of the applicable state or federal labor laws.

(b) The department shall reevaluate a disqualification under this subsection if the national labor relations board, the public employment relations commission, or court of competent jurisdiction issues a ruling or order finding that the employer failed to bargain in good faith or engaged in unlawful conduct.

(5) The department may adopt rules for purposes of implementing this section, including but not limited to procedures for reviewing determinations, ensuring compliance with federal and state labor law, and coordinating with federal or state labor authorities."

EFFECT:

Provides that a striking worker remains disqualified for unemployment insurance benefits unless: (1) the separating employer has been found by the National Labor Relations Board (NLRB), the Public Employment Relations Commission (PERC), or a court to have failed to bargain in good faith or to have engaged in unlawful activity during the course of collective bargaining, including an unfair labor practice; and (2) the strike is directly caused by the separating employer's violation of the applicable federal or state law.

Requires the Employment Security Department (ESD) to reevaluate a disqualification if the NLRB, PERC, or court issues a ruling or order finding that the employer failed to bargain in good faith or engaged in unlawful conduct.

Allows the ESD to adopt rules for purposes of implementing the bill, including but not limited to procedures for reviewing determinations, ensuring compliance with federal and state labor law, and coordinating with federal or state labor authorities.

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