S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1404
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   Section  1. Section 592 of the labor law, as amended by chapter 415 of
 the laws of 1983, subdivision 1 as amended by chapter 177 of the laws of
 2010, is amended to read as follows:
   § 592. Suspension of accumulation of  benefit  rights.  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  recognized  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 bene-
 fit rights may be accumulated before the expiration of such seven  weeks
 beginning with the day after such strike or other industrial controversy
 was terminated].
   (b) Benefits shall not be suspended under this section if:
   (i)  The employer hires a permanent replacement worker for the employ-
 ee's position. A replacement worker shall be presumed to be  [permanent]
 TEMPORARY  unless  the  employer  [certifies in writing that] DENIES the
 employee [will be able] THE OPPORTUNITY to return to his  or  her  prior
 position  upon conclusion of the strike[, in the event the strike termi-
 nates 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 REPLACEMENT WORKER SHALL  BE
 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.
              

                                                            LBD02103-01-9

 A. 1404                             2
 
 shall be entitled to recover any benefits lost as a result of the [seven
 week] suspension of benefits[, and the department may impose  a  penalty
 upon  the employer of up to seven hundred fifty dollars per employee per
 week  of  benefits  lost.  The  penalty collected shall be paid into the
 unemployment 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.
   2. Concurrent payments prohibited. No days of total unemployment shall
 be deemed to occur in any week with respect to which or a part of  which
 a  claimant  has  received  or is seeking unemployment benefits under an
 unemployment compensation law of  any  other  state  or  of  the  United
 States,  provided that this provision shall not apply if the appropriate
 agency of such other state or of the United  States  finally  determines
 that he is not entitled to such unemployment benefits.
   3.  Terms  of  suspension.  No  waiting  period may be served during a
 suspension period.
   The suspension of accumulation of benefit rights shall not  be  termi-
 nated  by subsequent employment of the claimant irrespective of when the
 claim is filed except as provided in subdivision one OF THIS SECTION and
 shall not be confined to a single benefit year.
   [A "week" as used in subdivision one of this section means  any  seven
 consecutive calendar days.]
   § 2. This act shall take effect immediately.