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S04573 Summary:

S04573 Actions:

S04573 Committee Votes:

S04573 Floor Votes:

S04573 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4573
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                     March 15, 2019
                                       ___________
 
        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed 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
        S. 4573                             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.