PRINTER'S NO. 829
No. 771 Session of 1981
INTRODUCED BY NAHILL, JOHNSON, PERZEL, J. L. WRIGHT, NOYE AND
SALVATORE, MARCH 10, 1981
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 10, 1981
AN ACT
1 Amending the act of December 5, 1936 (2nd Sp.Sess., P.L.2897,
2 No.1), entitled "An act establishing a system of unemployment
3 compensation to be administered by the Department of Labor
4 and Industry and its existing and newly created agencies with
5 personnel (with certain exceptions) selected on a civil
6 service basis; requiring employers to keep records and make
7 reports, and certain employers to pay contributions based on
8 payrolls to provide moneys for the payment of compensation to
9 certain unemployed persons; providing procedure and
10 administrative details for the determination, payment and
11 collection of such contributions and the payment of such
12 compensation; providing for cooperation with the Federal
13 Government and its agencies; creating certain special funds
14 in the custody of the State Treasurer; and prescribing
15 penalties." amending the definition of "suitable work,"
16 removing certain impediments to the employment of claimants
17 and providing protection for members of labor organizations.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. The definition of "suitable work" in section 4,
21 act of December 5, 1936 (2nd Sp.Sess., P.L.2897, No.1), known as
22 the "Unemployment Compensation Law," amended May 23, 1949
23 (P.L.1738, No.530), is amended to read:
24 Section 4. Definitions.--The following words and phrases, as
25 used in this act, shall have the following meanings, unless the
1 context clearly requires otherwise.
2 * * *
3 (t) "Suitable Work" means all work which the employe is
4 capable of performing. In determining whether or not any work is
5 suitable for an individual, the department shall consider the
6 degree of risk involved to his health, safety and morals, his
7 physical fitness, prior training and experience, and the
8 distance of the available work from his residence. The fact that
9 the location of work lies in a political subdivision other than
10 that of the residence of a claimant or other potential employe
11 shall not be considered in determining suitable work. The
12 department shall also consider among other factors the length of
13 time he has been unemployed and the reasons therefor, the
14 prospect of obtaining local work in his customary occupation,
15 his previous earnings, the prevailing condition of the labor
16 market generally and particularly in his usual trade or
17 occupation, prevailing wage rates in his usual trade or
18 occupation, and the permanency of his residence. However,
19 notwithstanding any other provisions of this subsection no work
20 shall be deemed suitable in which (1) the position offered is
21 vacant, due directly to a strike, lockout, or other labor
22 dispute, or (2) [the remuneration, hours or other conditions of
23 the work offered are substantially less favorable to the employe
24 than those prevailing for similar work in the locality, or (3)]
25 as a condition of being employed, the employe would be required
26 to join a company union, or to resign from, or refrain from
27 joining, any bona fide labor organization.
28 * * *
29 Section 2. The act is amended by adding a section to read:
30 Section 6. Protection of Members of Labor Organizations.--
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1 (a) It shall be unlawful for any labor organization to reduce
2 or eliminate any benefits to which a member is otherwise
3 entitled by reason of his membership, or to otherwise penalize a
4 member because that member has accepted employment for an
5 employer not approved of by the labor organization.
6 (b) The courts of this Commonwealth are hereby granted
7 jurisdiction to enjoin any labor organization from violating
8 subsection (a) or from otherwise harrassing or attempting to
9 intimidate, either directly or indirectly, any member who
10 accepts employment with an employer not approved of by the labor
11 organization.
12 Section 3. This act shall take effect in 60 days.
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