Bill Text: NY A01404 | 2019-2020 | General Assembly | Introduced
Bill Title: Ends the ability of a striking worker to collect unemployment benefits.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2020-07-15 - held for consideration in labor [A01404 Detail]
Download: New_York-2019-A01404-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1404 2019-2020 Regular Sessions IN ASSEMBLY January 15, 2019 ___________ 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-13fit rights may be accumulated before the expiration of such seven weeks14beginning with the day after such strike or other industrial controversy15was 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-22nates prior to the conclusion of the employee's eligibility for benefit23rights 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. LBD02103-01-9A. 1404 2 1 shall be entitled to recover any benefits lost as a result of the [seven2week] suspension of benefits[, and the department may impose a penalty3upon the employer of up to seven hundred fifty dollars per employee per4week of benefits lost. The penalty collected shall be paid into the5unemployment insurance control fund established pursuant to section five6hundred 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 of this section and 26 shall not be confined to a single benefit year. 27 [A "week" as used in subdivision one of this section means any seven28consecutive calendar days.] 29 § 2. This act shall take effect immediately.