H-3918              _______________________________________________

                                                   HOUSE BILL NO. 1417

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Patrick, Wang, Heavey, Sayan, Leonard, Nelson, K. Wilson and Basich; by request of Joint Select Committee on Labor-Management Relations

Read first time 1/15/88 and referred to Committee on Commerce & Labor.

AN ACT Relating to unemployment compensation during labor disputes; and amending RCW 50.20.090.

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 2, Laws of 1987 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 ((stoppage of work which exists because of a labor dispute)) strike at the factory, establishment, or other premises at which 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) (a) The individual is unemployed due to a lockout by his or her employer, except for lockouts by employers who are members of a multi-employer bargaining unit after one member of the multi-employer bargaining unit has been struck by its employees as a result of the multi-employer bargaining process.  The recognized or certified collective bargaining agent must have notified the employer that the employees are willing to return to work, pending the ratification of a new collective bargaining agreement, under the terms and conditions contained in the employer's last contract offer made prior to the start of the lockout unless the employer's last offer amounts to a substantial deterioration of the terms and conditions of employment which existed prior to the termination of the last collective bargaining agreement between the employer and the individual's recognized or certified collective bargaining agent;  and

          (b) The individual has been locked out for four or more weeks.

          Benefits shall be payable to an otherwise eligible individual beginning with the fourth week in which the individual is unemployed due to a lockout.  This subsection (1) shall have no effect on and after December 27, 1987)); 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 ((labor dispute which caused the stoppage of work)) 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 ((stoppage)) strike or lockout, there were members employed at the premises at which the ((stoppage)) strike or lockout occurs, any of whom are participating in or financing or directly interested in the ((dispute)) 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.