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House of Representatives
Session of 2021 - 2022 Regular Session


Posted: December 5, 2020 04:54 PM
From: Representative Dan L. Miller
To: All House members
Subject: UC Eligibility for Striking Workers
Undertaking a strike is a serious decision that a union and its members do not make lightly and usually comes after any negotiations have reached a standstill. When this type of impasse is reached, I believe these striking workers should not be denied unemployment compensation, as many months can pass until a negotiation is settled. While this situation is not ideal for both employees AND employers, employers can hire temporary replacement workers, while striking employees must simply “stick it out” and wait for a resolution to be reached.

I believe the right thing to do is to offer striking employees the same eligibility status as any other eligible worker who meets all other requirements under our UC Act.

My bill amends Section 401 of the UC Law by allowing a claimant, who files a UC claim and meets the existing eligibility provisions, to be eligible for UC benefits if the claimant is unemployed due to stoppage of work caused by a labor dispute. In the case of a strike, there shall be a 30-day waiting period, but the waiting period shall not apply in the event of a lockout.

Our neighbors in New York and New Jersey have laws on their books that allow for this. I believe we should follow suit.

Please consider co-sponsoring this pro-worker bill.

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Introduced as HB90