PRINTER'S NO. 1862
No. 1545 Session of 1999
INTRODUCED BY FLICK, MASLAND, BASTIAN, BIRMELIN, ARMSTRONG,
CHADWICK, L. I. COHEN, FARGO, FICHTER, GODSHALL, R. MILLER,
ROSS, SEYFERT, STEIL, STERN, STEVENSON, E. Z. TAYLOR AND
TRUE, MAY 17, 1999
REFERRED TO COMMITTEE ON LABOR RELATIONS, MAY 17, 1999
AN ACT
1 Amending the act of December 5, 1936 (2nd Sp.Sess., 1937
2 P.L.2897, No.1), entitled "An act establishing a system of
3 unemployment compensation to be administered by the
4 Department of Labor and Industry and its existing and newly
5 created agencies with personnel (with certain exceptions)
6 selected on a civil service basis; requiring employers to
7 keep records and make reports, and certain employers to pay
8 contributions based on payrolls to provide moneys for the
9 payment of compensation to certain unemployed persons;
10 providing procedure and administrative details for the
11 determination, payment and collection of such contributions
12 and the payment of such compensation; providing for
13 cooperation with the Federal Government and its agencies;
14 creating certain special funds in the custody of the State
15 Treasurer; and prescribing penalties," further providing for
16 ineligibility for compensation.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 402(b) of the act of December 5, 1936
20 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
21 Compensation Law, amended October 22, 1981 (P.L.301, No.106), is
22 amended to read:
23 Section 402. Ineligibility for Compensation.--An employe
24 shall be ineligible for compensation for any week--
1 * * *
2 (b) In which his unemployment is due to voluntarily leaving
3 work without cause of a necessitous and compelling nature
4 attributable to his employment, irrespective of whether or not
5 such work is in "employment" as defined in this act: Provided,
6 That a voluntary leaving work because of a disability if the
7 employer is able to provide other suitable work, shall be deemed
8 not a cause of a necessitous and compelling nature attributable
9 to his employment: And provided further, That no employe shall
10 be deemed to be ineligible under this subsection where as a
11 condition of continuing in employment such employe would be
12 required to join or remain a member of a company union or to
13 resign from or refrain from joining any bona fide labor
14 organization, or to accept wages, hours or conditions of
15 employment not desired by a majority of the employes in the
16 establishment or the occupation, or would be denied the right of
17 collective bargaining under generally prevailing conditions, and
18 that in determining whether or not an employe has left his work
19 voluntarily without cause of a necessitous and compelling nature
20 attributable to his employment, the department shall give
21 consideration to the same factors, insofar as they are
22 applicable, provided, with respect to the determination of
23 suitable work under section four (t): And provided further, That
24 the provisions of this subsection shall not apply in the event
25 of a stoppage of work which exists because of a labor dispute
26 within the meaning of subsection (d). Provided further, That no
27 otherwise eligible claimant shall be denied benefits for any
28 week in which his unemployment is due to exercising the option
29 of accepting a layoff, from an available position pursuant to a
30 labor-management contract agreement, or pursuant to an
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1 established employer plan, program or policy: Provided further,
2 That a claimant shall not be disqualified for voluntarily
3 leaving work, which is not suitable employment to enter training
4 approved under section 236(a)(1) of the Trade Act of 1974. For
5 purposes of this subsection the term "suitable employment" means
6 with respect to a claimant, work of a substantially equal or
7 higher skill level than the claimant's past "adversely affected
8 employment" (as defined in section 247 of the Trade Act of
9 1974), and wages for such work at not less than eighty per
10 centum of the worker's "average weekly wage" (as defined in
11 section 247 of the Trade Act of 1974).
12 * * *
13 Section 2. This act shall take effect in 60 days.
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