71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2833
 
                         House Bill 2911
 
Sponsored by Representative ROSENBAUM; Representatives ACKERMAN,
  GARDNER, HANSEN, LEONARD, MARCH, MERKLEY, NOLAN, V WALKER,
  Senator CORCORAN (at the request of Oregon AFL-CIO and UFCW
  Local 555)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Allows members of multiemployer bargaining unit who are
unemployed due to lockout by employer to qualify for unemployment
compensation under certain conditions.
 
                        A BILL FOR AN ACT
Relating to eligibility for unemployment compensation; creating
  new provisions; and amending ORS 657.200.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 657.200 is amended to read:
  657.200. (1) An individual is disqualified for benefits for any
week with respect to which the Director of the Employment
Department finds that the unemployment of the individual is due
to a labor dispute   { - which - }   { + that + } is in active
progress at the factory, establishment or other premises at which
the individual is or was last employed or at which the individual
claims employment rights by union agreement or otherwise.
  (2) When an employer operates two or more premises in the
conduct of business { + , + } they shall be considered one
premises for the purposes of this chapter if the labor dispute at
one makes it impossible or impractical to conduct work at the
others or in a normal manner.
  (3) This section does not apply if it is shown to the
satisfaction of the director that the individual:
  (a) Is unemployed due to a lockout, as defined in ORS 662.205,
at the factory, establishment or other premises at which the
individual was last employed; and
    { - (A) The lockout is not the result of a labor dispute
between a multiemployer bargaining unit and an employer other
than the employer last employing the individual; and - }
    { - (B) - }   { + (A) + } The recognized or certified
bargaining agent has announced to the employer that individuals
with whom the employer is engaged in the labor dispute are ready,
willing and able to work pending the negotiation of a new
contract under the current terms and conditions of employment
last offered by the employer immediately prior to such bargaining
agent announcement or, if there has been no employer offer, under
the terms and conditions of employment immediately prior to such
bargaining agent announcement; and
    { - (C) - }   { + (B) + } The employer employs individuals
who were not employed by the employer immediately prior to the
labor dispute, to replace the individuals unable to work during
the lockout; or
  (b) { + (A) + } Is not participating in or financing or
directly interested in the labor dispute   { - which - }
 { + that + } caused the unemployment of the individual; and
    { - (c) - }   { + (B) + } Does not belong to a grade or class
of workers of which, immediately before the commencement of the
labor dispute, there were members employed at the premises at
which the labor dispute occurs, any of whom are participating in
or financing or directly interested in the dispute.
  (4) An individual who meets all other applicable benefit
eligibility requirements of this chapter is not disqualified from
receipt of benefits by this section if:
  (a) The individual was laid off from the employer prior to
commencement of the labor dispute, did not work for the employer
more than seven days during the 21 calendar days immediately
prior to the commencement of the labor dispute and meets the
requirements of subsection (3)(b) { + (A) + } of this section; or
  (b) During the labor dispute, the individual's job or position
is filled by the employer hiring a permanent replacement and the
following conditions are met:
  (A) The individual subsequently unilaterally abandons the labor
dispute and affirmatively seeks reemployment with the employer;
and
  (B) The individual meets the requirements of subsection
(3)(b) { + (A) + } of this section.
  (5) An individual who maintains membership in a labor union or
who continues to pay labor union dues does not violate the
provisions of subsection (3)(b) { + (A) + } of this section, for
the purpose of subsection (4) of this section.
  SECTION 2.  { + The amendments to ORS 657.200 by section 1 of
this 2001 Act apply only to claims for benefits filed on or after
the effective date of this 2001 Act. + }
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