|SAME AS||No Same As|
|Amd §592, Lab L|
|Ends the ability of a striking worker to collect unemployment benefits.|
|01/12/2017||referred to labor|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1663 SPONSOR: Hawley
TITLE OF BILL: An act to amend the labor law, in relation to ending the ability of a striking worker to collect unemployment benefits   PURPOSE: To remove certain provisions of law that make it possible for a striking worker to collect unemployment benefits.   SUMMARY OF PROVISIONS: section 1: Removes language from Section 592 of the Labor Law that allows a striking worker to collect unemployment benefits if the worker is still on strike after seven weeks. Also removes language that would allow a striking worker to collect benefits before the expiration of the seven weak period if the employer hires a replacement worker. This bill retains the ability of a striking worker to collect unemployment if he or she is denied the opportunity to return to work at the conclusion of a strike. Section 2: Provides an immediate effective date.   JUSTIFICATION: A strike occurs when an employer and a union fail to come to an agree- ment on the terms and conditions of employment. A stoppage of work harms both the employer and the employees. The employer loses productivity and the employees lose their compensation. The fact that both sides are impacted negatively by a strike, especially when the strike extends weeks or months, gives both sides in incentive to return to the negoti- ating table and negotiate in good faith. Section 592 of the Labor Law interferes with this process in some cases by allowing a striking employee to collect UI benefits under certain circumstances. Firstly, it allows workers to collect UI benefits if the strike extends beyond a seven week period. Secondly, it allows a strik- ing employee to collect benefits if a "permanent" replacement worker has been hired. It deems a replacement worker to be permanent. Unless an employer certifies that the striking worker will be able to return to employment at the conclusion of the strike. By providing compensation to a striking employee at the expense of the employer this section of law tilts the scales in negotiations to the advantage of the union. This bill restores balance in collective bargaining negotiations by removing the ability of a striking employee to collect UI benefits unless they are refused the opportunity to return to employment at the conclusion of the strike. Like current law, it allows the employee to collect benefits retroactively in the event he or she is denied such an opportunity.   LEGISLATIVE HISTORY: 06/06/2012 - A.8922 - held for consideration in Labor, 06/03/14 held for consideration in labor 05/10/16 held for consideration in labor A3263   FISCAL IMPLICATIONS: Negligible   EFFECTIVE DATE: Immediately.
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STATE OF NEW YORK ________________________________________________________________________ 1663 2017-2018 Regular Sessions IN ASSEMBLY January 12, 2017 ___________ Introduced by M. of A. HAWLEY -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to ending the ability of a striking worker to collect unemployment benefits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 592 of the labor law, as amended by chapter 415 of 2 the laws of 1983, subdivision 1 as amended by chapter 177 of the laws of 3 2010, is amended to read as follows: 4 § 592. Suspension of accumulation of benefit rights. 1. Industrial 5 controversy. (a) The accumulation of benefit rights by a claimant shall 6 be suspended [ during a period of seven consecutive weeks beginning with] 7 the day after such claimant lost his or her employment because of a 8 strike or other industrial controversy except for lockouts, including 9 concerted activity not authorized or sanctioned by the recognized or 10 certified bargaining agent of the claimant, and other concerted activity 11 conducted in violation of any existing collective bargaining agreement, 12 in the establishment in which he or she was employed[ , except that bene-13 fit rights may be accumulated before the expiration of such seven weeks14 beginning with the day after such strike or other industrial controversy15 was terminated]. 16 (b) Benefits shall not be suspended under this section if: 17 (i) The employer hires a permanent replacement worker for the employ- 18 ee's position. A replacement worker shall be presumed to be [ permanent] 19 temporary unless the employer [ certifies in writing that] denies the 20 employee [ will be able] the opportunity to return to his or her prior 21 position upon conclusion of the strike[ , in the event the strike termi-22 nates prior to the conclusion of the employee's eligibility for benefit23 rights under this chapter]. In the event the employer does not permit 24 such return [ after such certification], the replacement worker shall be 25 deemed to have been a permanent replacement worker and the employee EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02287-01-7A. 1663 2 1 shall be entitled to recover any benefits lost as a result of the [ seven2 week] suspension of benefits[ , and the department may impose a penalty3 upon the employer of up to seven hundred fifty dollars per employee per4 week of benefits lost. The penalty collected shall be paid into the5 unemployment insurance control fund established pursuant to section five6 hundred fifty-two-b of this article]; or 7 (ii) The commissioner determines that the claimant: 8 (A) is not employed by an employer that is involved in the industrial 9 controversy that caused his or her unemployment and is not participating 10 in the industrial controversy; or 11 (B) is not in a bargaining unit involved in the industrial controversy 12 that caused his or her unemployment and is not participating in the 13 industrial controversy. 14 2. Concurrent payments prohibited. No days of total unemployment shall 15 be deemed to occur in any week with respect to which or a part of which 16 a claimant has received or is seeking unemployment benefits under an 17 unemployment compensation law of any other state or of the United 18 States, provided that this provision shall not apply if the appropriate 19 agency of such other state or of the United States finally determines 20 that he is not entitled to such unemployment benefits. 21 3. Terms of suspension. No waiting period may be served during a 22 suspension period. 23 The suspension of accumulation of benefit rights shall not be termi- 24 nated by subsequent employment of the claimant irrespective of when the 25 claim is filed except as provided in subdivision one and shall not be 26 confined to a single benefit year. 27 [ A "week" as used in subdivision one of this section means any seven28 consecutive calendar days.] 29 § 2. This act shall take effect immediately.