De La Rosa, Wallace, Colton, Carroll, Reyes, DenDekker, Taylor, McMahon, Ramos, Nolan, Jaffee,
DeStefano, Bronson, Perry, Lentol
MLTSPNSR
Thiele
Amd §592, Lab L
Relates to decreasing the length of the suspension period applicable to certain individuals who lose their jobs due to a labor dispute, such as a strike, and who seek to obtain unemployment insurance benefits; decreases the suspension period from seven consecutive weeks to seven consecutive calendar days; and permits the waiting period to be served during a suspension period.
STATE OF NEW YORK
________________________________________________________________________
6592
2019-2020 Regular Sessions
IN ASSEMBLY
March 12, 2019
___________
Introduced by M. of A. RYAN -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to decreasing the length of
the suspension period applicable to certain striking workers who seek
to obtain unemployment insurance benefits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 3 of section 592 of the labor law,
2 subdivision 1 as amended by chapter 177 of the laws of 2010 and subdivi-
3 sion 3 as amended by chapter 415 of the laws of 1983, are amended to
4 read as follows:
5 1. Industrial controversy. (a) The accumulation of benefit rights by a
6 claimant shall be suspended during a period of [seven consecutive weeks]
7 one week beginning with the day after such claimant lost his or her
8 employment because of a strike or other industrial controversy except
9 for lockouts, including concerted activity not authorized or sanctioned
10 by the recognized or certified bargaining agent of the claimant, and
11 other concerted activity conducted in violation of any existing collec-
12 tive bargaining agreement, in the establishment in which he or she was
13 employed, except that benefit rights may be accumulated before the expi-
14 ration of such [seven weeks] one week period beginning with the day
15 after such strike or other industrial controversy 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 unless the employer certifies in writing that the employee will be able
20 to return to his or her prior position upon conclusion of the strike, in
21 the event the strike terminates prior to the conclusion of the employ-
22 ee's eligibility for benefit rights under this chapter. In the event the
23 employer does not permit such return after such certification, the
24 employee shall be entitled to recover any benefits lost as a result of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09961-01-9
A. 6592 2
1 the [seven] one week suspension of benefits, and the department may
2 impose a penalty upon the employer of up to seven hundred fifty dollars
3 per employee per week of benefits lost. The penalty collected shall be
4 paid into the unemployment insurance control fund established pursuant
5 to section five hundred fifty-two-b of this article; or
6 (ii) The commissioner determines that the claimant:
7 (A) is not employed by an employer that is involved in the industrial
8 controversy that caused his or her unemployment and is not participating
9 in the industrial controversy; or
10 (B) is not in a bargaining unit involved in the industrial controversy
11 that caused his or her unemployment and is not participating in the
12 industrial controversy.
13 3. Terms of suspension. [No] The waiting period may be served during a
14 suspension period.
15 The suspension of accumulation of benefit rights shall not be termi-
16 nated by subsequent employment of the claimant irrespective of when the
17 claim is filed except as provided in subdivision one and shall not be
18 confined to a single benefit year.
19 A "week" as used in subdivision one of this section means any seven
20 consecutive calendar days.
21 § 2. This act shall take effect immediately.
