S T A T E   O F   N E W   Y O R K
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                                  6964

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 18, 2009
                               ___________

Introduced  by  M. of A. JOHN -- (at request of the Department of Labor)
  -- read once and referred to the Committee on Labor

AN ACT to amend the labor law, in relation to unemployment benefits  for
  innocent bystanders during an industrial controversy

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 592 of the labor law,  as  amended
by chapter 609 of the laws of 2008, is amended to read as follows:
  1. Industrial controversy. (A) The accumulation of benefit rights by a
claimant  shall  be suspended during a period of seven consecutive weeks
beginning with the day after such claimant lost his  or  her  employment
because of a strike or other industrial controversy except for lockouts,
including  concerted activity not authorized or sanctioned by the recog-
nized or certified bargaining agent of the claimant, and other concerted
activity conducted in violation of any  existing  collective  bargaining
agreement,  in the establishment in which he or she was employed, except
that benefit rights may be accumulated before  the  expiration  of  such
seven weeks beginning with the day after such strike or other industrial
controversy  was  terminated[;  provided,  however,  this waiting period
shall not apply upon the hiring of].
  (B) BENEFITS SHALL NOT BE SUSPENDED UNDER THIS SECTION IF:
  (I) THE EMPLOYER HIRES a permanent replacement worker for the  employ-
ee's  position [by the employer]. A replacement worker shall be presumed
to be permanent unless  the  employer  certifies  in  writing  that  the
employee  will  be  able  to  return  to  his or her prior position upon
conclusion of the strike, in the event the strike  terminates  prior  to
the  conclusion  of  the employee's eligibility for benefit rights under
this chapter. In the event the employer  does  not  permit  such  return
after  such  certification,  the  employee  shall be entitled to recover
[with interest] any benefits lost as a result of the seven week  suspen-
sion  of  benefits,  and  the  department  may impose a penalty upon the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09030-03-9
              

A. 6964                             2

employer of up to seven hundred fifty dollars per employee per  week  of
benefits  lost.   THE PENALTY COLLECTED SHALL BE PAID INTO THE UNEMPLOY-
MENT INSURANCE CONTROL FUND ESTABLISHED PURSUANT TO SECTION FIVE HUNDRED
FIFTY-TWO-B OF THIS ARTICLE; OR
  (II) THE COMMISSIONER DETERMINES THAT THE CLAIMANT:
  (A)  IS NOT EMPLOYED BY AN EMPLOYER THAT IS INVOLVED IN THE INDUSTRIAL
CONTROVERSY THAT CAUSED HIS OR HER UNEMPLOYMENT AND IS NOT PARTICIPATING
IN THE INDUSTRIAL CONTROVERSY; OR
  (B) IS NOT IN A BARGAINING UNIT INVOLVED IN THE INDUSTRIAL CONTROVERSY
THAT CAUSED HIS OR HER UNEMPLOYMENT AND  IS  NOT  PARTICIPATING  IN  THE
INDUSTRIAL CONTROVERSY.
  S 2. This act shall take effect immediately and shall apply to loss of
employment beginning on or after such effective date.