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Connecticut Senate Bill SB00317

Connecticut 2022 Regular Session

Connecticut Senate Bill SB00317 Compare Versions

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7-General Assembly Substitute Bill No. 317
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6+LCO No. 2626 1 of 3
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8+General Assembly Raised Bill No. 317
89 February Session, 2022
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13+Referred to Committee on LABOR AND PUBLIC EMPLOYEES
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15+
16+Introduced by:
17+(LAB)
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1422 AN ACT CONCERNING UNEMPLOYMENT FOR STRIKING
1523 EMPLOYEES.
1624 Be it enacted by the Senate and House of Representatives in General
1725 Assembly convened:
1826
19-Section 1. Section 31-236 of the 2022 supplement to the general 1
20-statutes is repealed and the following is substituted in lieu thereof 2
21-(Effective October 1, 2022): 3
22-(a) An individual shall be ineligible for benefits: 4
23-(1) If the administrator finds that the individual has failed without 5
24-sufficient cause either to apply for available, suitable work when 6
25-directed so to do by the Public Employment Bureau or the 7
26-administrator, or to accept suitable employment when offered by the 8
27-Public Employment Bureau or by an employer, such ineligibility to 9
28-continue until such individual has returned to work and has earned at 10
29-least six times such individual's benefit rate. Suitable work means either 11
30-employment in the individual's usual occupation or field or other work 12
31-for which the individual is reasonably fitted, provided such work is 13
32-within a reasonable distance of the individual's residence. In 14
33-determining whether or not any work is suitable for an individual, the 15
34-administrator may consider the degree of risk involved to such 16
35-individual's health, safety and morals, such individual's physical fitness 17
36-and prior training and experience, such individual's skills, such 18 Substitute Bill No. 317
27+Section 1. (NEW) (Effective October 1, 2022) (a) The accumulation of 1
28+benefit rights by a claimant shall be suspended during a period of two 2
29+consecutive weeks beginning with the day after such claimant lost their 3
30+employment because of a strike or other labor dispute. 4
31+(b) Benefits shall not be suspended under this section if it is shown to 5
32+the satisfaction of the administrator that: 6
33+(1) The individual: (A) is not participating in or financing or directly 7
34+interested in the labor dispute that caused the unemployment; and (B) 8
35+does not belong to a trade, class or organization of workers, members of 9
36+which, immediately before the commencement of the labor dispute, 10
37+were employed at the premises at which the labor dispute occurred, and 11
38+are participating in or financing or directly interested in the dispute; or 12
39+(2) The individual's unemployment is due to the existence of a 13
40+lockout. A lockout exists, whether or not such action is to obtain for the 14 Raised Bill No. 317
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43-individual's previous wage level and such individual's length of 19
44-unemployment, but, notwithstanding any provision of this chapter, no 20
45-work shall be deemed suitable nor shall benefits be denied under this 21
46-chapter to any otherwise eligible individual for refusing to accept work 22
47-under any of the following conditions: (A) If the position offered is 23
48-vacant due directly to a strike, lockout or other labor dispute; (B) if the 24
49-wages, hours or other conditions of work offered are substantially less 25
50-favorable to the individual than those prevailing for similar work in the 26
51-locality; (C) if, as a condition of being employed, the individual would 27
52-be required to join a company union or to resign from or refrain from 28
53-joining any bona fide labor organization; (D) if the position offered is for 29
54-work that commences or ends between the hours of one and six o'clock 30
55-in the morning if the administrator finds that such work would 31
56-constitute a high degree of risk to the health, safety or morals of the 32
57-individual, or would be beyond the physical capabilities or fitness of the 33
58-individual or there is no suitable transportation available from the 34
59-individual's home to or from the individual's place of employment; or 35
60-(E) if, as a condition of being employed, the individual would be 36
61-required to agree not to leave such position if recalled by the 37
62-individual's former employer; 38
63-(2) (A) If, in the opinion of the administrator, the individual has left 39
64-suitable work voluntarily and without good cause attributable to the 40
65-employer, until such individual has earned at least ten times such 41
66-individual's benefit rate, provided whenever an individual voluntarily 42
67-leaves part-time employment under conditions that would render the 43
68-individual ineligible for benefits, such individual's ineligibility shall be 44
69-limited as provided in subsection (b) of this section, if applicable, and 45
70-provided further, no individual shall be ineligible for benefits if the 46
71-individual leaves suitable work (i) for good cause attributable to the 47
72-employer, including leaving as a result of changes in conditions created 48
73-by the individual's employer, (ii) to care for the individual's spouse, 49
74-child, or parent with an illness or disability, as defined in subdivision 50
75-(16) of this subsection, (iii) due to the discontinuance of transportation, 51
76-other than the individual's personally owned vehicle, used to get to and 52 Substitute Bill No. 317
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46+employer more advantageous terms, when an employer: (A) Fails to 15
47+provide employment to its employees with whom the employer is 16
48+engaged in a labor dispute, either by physically closing its plant or 17
49+informing its employees that there will be no work until the labor 18
50+dispute has terminated; or (B) makes an announcement that work will 19
51+be available after the expiration of the existing contract only under terms 20
52+and conditions that are less favorable to the employees than those 21
53+current immediately prior to such announcement, provided in either 22
54+event the recognized or certified bargaining agent shall have advised 23
55+the employer that the employees with whom the employer is engaged 24
56+in the labor dispute are ready, able and willing to continue working 25
57+pending the negotiation of a new contract under the terms and 26
58+conditions current immediately prior to such announcement. 27
59+Sec. 2. Section 31-237d of the general statutes is repealed and the 28
60+following is substituted in lieu thereof (Effective October 1, 2022): 29
61+(a) The chairman of the board shall be the executive head of the 30
62+appeals division. He may delegate to any person employed in the 31
63+appeals division such authority as he deems reasonable and proper for 32
64+the effective administration of the division's responsibilities. 33
65+(b) In any appeal to the board, the board or any of its members may 34
66+hear the appeal, except that the full board shall hear and decide cases 35
67+[requiring the application of subsection (a)(3) of section 31-236 and 36
68+cases] in which a party has specifically requested in writing a hearing 37
69+by the full board, provided the decision on all appeals shall be by a 38
70+majority vote of the full board. The board shall approve or reject, by a 39
71+majority vote, each request for a hearing before the full board in 40
72+accordance with the criteria for granting such requests established in 41
73+regulations adopted pursuant to section 31-237g. In any case before the 42
74+board, the board may delegate to a referee or other qualified employee 43
75+of the appeals division the taking or hearing of evidence. 44
76+Sec. 3. Subdivision (3) of subsection (a) of section 31-226 of the general 45
77+statute is repealed. (Effective October 1, 2022) 46 Raised Bill No. 317
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83-from work, provided no reasonable alternative transportation is 53
84-available, (iv) to protect the individual, the individual's child, the 54
85-individual's spouse or the individual's parent from becoming or 55
86-remaining a victim of domestic violence, as defined in section 17b-112a, 56
87-provided such individual has made reasonable efforts to preserve the 57
88-employment, but the employer's account shall not at any time be 58
89-charged with respect to any voluntary leaving that falls under 59
90-subparagraph (A)(iv) of this subdivision, (v) for a separation from 60
91-employment that occurs on or after July 1, 2007, to accompany a spouse 61
92-who is on active duty with the armed forces of the United States and is 62
93-required to relocate by the armed forces, but the employer's account 63
94-shall not at any time be charged with respect to any voluntary leaving 64
95-that falls under subparagraph (A)(v) of this subdivision, or (vi) to 65
96-accompany such individual's spouse to a place from which it is 66
97-impractical for such individual to commute due to a change in location 67
98-of the spouse's employment, but the employer's account shall not be 68
99-charged with respect to any voluntary leaving under subparagraph 69
100-(A)(vi) of this subdivision; or 70
101-(B) If, in the opinion of the administrator, the individual has been 71
102-discharged or suspended for felonious conduct, conduct constituting 72
103-larceny of property or service, the value of which exceeds twenty-five 73
104-dollars, or larceny of currency, regardless of the value of such currency, 74
105-wilful misconduct in the course of the individual's employment, or 75
106-participation in an illegal strike, as determined by state or federal laws 76
107-or regulations, until such individual has earned at least ten times the 77
108-individual's benefit rate; provided an individual who (i) while on layoff 78
109-from regular work, accepts other employment and leaves such other 79
110-employment when recalled by the individual's former employer, (ii) 80
111-leaves work that is outside the individual's regular apprenticeable trade 81
112-to return to work in the individual's regular apprenticeable trade, (iii) 82
113-has left work solely by reason of governmental regulation or statute, or 83
114-(iv) leaves part-time work to accept full-time work, shall not be 84
115-ineligible on account of such leaving and the employer's account shall 85
116-not at any time be charged with respect to such separation, unless such 86 Substitute Bill No. 317
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123-employer has elected payments in lieu of contributions; 87
124-(3) During any week in which the administrator finds that the 88
125-individual's total or partial unemployment is due to the existence of a 89
126-labor dispute other than a lockout at the factory, establishment or other 90
127-premises at which the individual is or has been employed, provided the 91
128-provisions of this subsection do not apply (A) after a period of two 92
129-consecutive weeks in which the administrator finds that the individual's 93
130-total or partial unemployment is due to the existence of such labor 94
131-dispute, or (B) if it is shown to the satisfaction of the administrator that: 95
132-[(A) the] (i) The individual is not participating in or financing or directly 96
133-interested in the labor dispute that caused the unemployment, and [(B)] 97
134-(ii) the individual does not belong to a trade, class or organization of 98
135-workers, members of which, immediately before the commencement of 99
136-the labor dispute, were employed at the premises at which the labor 100
137-dispute occurred, and are participating in or financing or directly 101
138-interested in the dispute; or [(C)] (iii) the individual's unemployment is 102
139-due to the existence of a lockout. A lockout exists whether or not such 103
140-action is to obtain for the employer more advantageous terms when an 104
141-employer [(i)] (I) fails to provide employment to its employees with 105
142-whom the employer is engaged in a labor dispute, either by physically 106
143-closing its plant or informing its employees that there will be no work 107
144-until the labor dispute has terminated, or [(ii)] (II) makes an 108
145-announcement that work will be available after the expiration of the 109
146-existing contract only under terms and conditions that are less favorable 110
147-to the employees than those current immediately prior to such 111
148-announcement; provided in either event the recognized or certified 112
149-bargaining agent shall have advised the employer that the employees 113
150-with whom the employer is engaged in the labor dispute are ready, able 114
151-and willing to continue working pending the negotiation of a new 115
152-contract under the terms and conditions current immediately prior to 116
153-such announcement; 117
154-(4) (A) Prior to January 1, 2024, during any week with respect to 118
155-which the individual has received or is about to receive remuneration in 119 Substitute Bill No. 317
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162-the form of (i) (I) wages in lieu of notice or dismissal payments, 120
163-including severance or separation payment by an employer to an 121
164-employee beyond the employee's wages upon termination of the 122
165-employment relationship, unless the employee was required to waive 123
166-or forfeit a right or claim independently established by statute or 124
167-common law, against the employer as a condition of receiving the 125
168-payment, or any payment by way of compensation for loss of wages, or 126
169-(II) any other state or federal unemployment benefits, except mustering 127
170-out pay, terminal leave pay or any allowance or compensation granted 128
171-by the United States under an Act of Congress to an ex-serviceperson in 129
172-recognition of the ex-serviceperson's former military service, or any 130
173-service-connected pay or compensation earned by an ex-serviceperson 131
174-paid before or after separation or discharge from active military service, 132
175-or (ii) compensation for temporary disability under any workers' 133
176-compensation law; and 134
177-(B) On or after January 1, 2024, during any week with respect to 135
178-which the individual has received or is about to receive remuneration in 136
179-the form of (i) (I) wages in lieu of notice or dismissal payments, 137
180-including severance or separation payment by an employer to an 138
181-employee beyond the employee's wages upon termination of the 139
182-employment relationship or any payment by way of compensation for 140
183-loss of wages, (II) any other state or federal unemployment benefits, or 141
184-(III) any vacation pay relating to an identifiable week or weeks 142
185-designated as a vacation period by arrangement between the individual 143
186-or the individual's representative and the individual's employer or that 144
187-is the customary vacation period in the employer's industry. The 145
188-following are excluded from this subparagraph: Mustering out pay, 146
189-terminal leave pay or any allowance or compensation granted by the 147
190-United States under an Act of Congress to an ex-serviceperson in 148
191-recognition of the ex-serviceperson's former military service, or any 149
192-service-connected pay or compensation earned by an ex-serviceperson 150
193-paid before or after separation or discharge from active military service, 151
194-or any payment of accrued vacation pay payable upon separation from 152
195-employment, or (ii) compensation for temporary disability under any 153 Substitute Bill No. 317
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202-workers' compensation law; 154
203-(5) Repealed by P.A. 73-140; 155
204-(6) If the administrator finds that the individual has left employment 156
205-to attend a school, college or university as a regularly enrolled student, 157
206-such ineligibility to continue during such attendance; 158
207-(7) Repealed by P.A. 74-70, S. 2, 4; 159
208-(8) If the administrator finds that, having received benefits in a prior 160
209-benefit year, the individual has not again become employed and been 161
210-paid wages since the commencement of said prior benefit year in an 162
211-amount equal to the greater of three hundred dollars or five times the 163
212-individual's weekly benefit rate by an employer subject to the provisions 164
213-of this chapter or by an employer subject to the provisions of any other 165
214-state or federal unemployment compensation law; 166
215-(9) If the administrator finds that the individual has retired and that 167
216-such retirement was voluntary, until the individual has again become 168
217-employed and has been paid wages in an amount required as a 169
218-condition of eligibility as set forth in subdivision (3) of section 31-235; 170
219-except that the individual is not ineligible on account of such retirement 171
220-if the administrator finds (A) that the individual has retired because (i) 172
221-such individual's work has become unsuitable considering such 173
222-individual's physical condition and the degree of risk to such 174
223-individual's health and safety, and (ii) such individual has requested of 175
224-such individual's employer other work that is suitable, and (iii) such 176
225-individual's employer did not offer such individual such work, or (B) 177
226-that the individual has been involuntarily retired; 178
227-(10) Repealed by P.A. 77-426, S. 6, 19; 179
228-(11) Repealed by P.A. 77-426, S. 6, 19; 180
229-(12) Repealed by P.A. 77-426, S. 17, 19; 181 Substitute Bill No. 317
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236-(13) If the administrator finds that, having been sentenced to a term 182
237-of imprisonment of thirty days or longer and having commenced 183
238-serving such sentence, the individual has been discharged or suspended 184
239-during such period of imprisonment, until such individual has earned 185
240-at least ten times such individual's benefit rate; 186
241-(14) If the administrator finds that the individual has been discharged 187
242-or suspended because the individual has been disqualified under state 188
243-or federal law from performing the work for which such individual was 189
244-hired as a result of a drug or alcohol testing program mandated by and 190
245-conducted in accordance with such law, until such individual has 191
246-earned at least ten times such individual's benefit rate; 192
247-(15) If the individual is a temporary employee of a temporary help 193
248-service and the individual refuses to accept suitable employment when 194
249-it is offered by such service upon completion of an assignment until such 195
250-individual has earned at least six times such individual's benefit rate; 196
251-and 197
252-(16) (A) For purposes of subparagraph (A)(ii) of subdivision (2) of this 198
253-subsection, "illness or disability" means an illness or disability 199
254-diagnosed by a health care provider that necessitates care for the ill or 200
255-disabled person for a period of time longer than the employer is willing 201
256-to grant leave, paid or otherwise, and "health care provider" means (i) a 202
257-doctor of medicine or osteopathy who is authorized to practice medicine 203
258-or surgery by the state in which the doctor practices; (ii) a podiatrist, 204
259-dentist, psychologist, optometrist or chiropractor authorized to practice 205
260-by the state in which such person practices and performs within the 206
261-scope of the authorized practice; (iii) an advanced practice registered 207
262-nurse, nurse practitioner, nurse midwife or clinical social worker 208
263-authorized to practice by the state in which such person practices and 209
264-performs within the scope of the authorized practice; (iv) Christian 210
265-Science practitioners listed with the First Church of Christ, Scientist in 211
266-Boston, Massachusetts; (v) any medical practitioner from whom an 212
267-employer or a group health plan's benefits manager will accept 213
268-certification of the existence of a serious health condition to substantiate 214 Substitute Bill No. 317
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275-a claim for benefits; (vi) a medical practitioner, in a practice enumerated 215
276-in clauses (i) to (v), inclusive, of this subparagraph, who practices in a 216
277-country other than the United States, who is licensed to practice in 217
278-accordance with the laws and regulations of that country; or (vii) such 218
279-other health care provider as the Labor Commissioner approves, 219
280-performing within the scope of the authorized practice. 220
281-(B) For purposes of subparagraph (B) of subdivision (2) of this 221
282-subsection, "wilful misconduct" means deliberate misconduct in wilful 222
283-disregard of the employer's interest, or a single knowing violation of a 223
284-reasonable and uniformly enforced rule or policy of the employer, when 224
285-reasonably applied, provided such violation is not a result of the 225
286-employee's incompetence and provided further, in the case of absence 226
287-from work, "wilful misconduct" means an employee must be absent 227
288-without either good cause for the absence or notice to the employer 228
289-which the employee could reasonably have provided unde r the 229
290-circumstances for three separate instances within a twelve-month 230
291-period. Except with respect to tardiness, for purposes of subparagraph 231
292-(B) of subdivision (2) of this subsection, (i) prior to January 1, 2024, each 232
293-instance in which an employee is absent for one day or two consecutive 233
294-days without either good cause for the absence or notice to the employer 234
295-which the employee could reasonably have provided under the 235
296-circumstances constitutes a "separate instance", and (ii) on or after 236
297-January 1, 2024, each instance in which an employee is absent for one 237
298-day without either good cause for the absence or notice to the employer 238
299-which the employee could reasonably have provided under the 239
300-circumstances constitutes a "separate instance". 240
301-(C) For purposes of subdivision (15) of this subsection, "temporary 241
302-help service" means any person conducting a business that consists of 242
303-employing individuals directly for the purpose of furnishing part-time 243
304-or temporary help to others; and "temporary employee" means an 244
305-employee assigned to work for a client of a temporary help service. 245
306-(b) Any individual who has voluntarily left part-time employment 246
307-under conditions which would otherwise render him ineligible for 247 Substitute Bill No. 317
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314-benefits pursuant to subparagraph (A) of subdivision (2) of subsection 248
315-(a) of this section, who has not earned ten times his benefit rate since 249
316-such separation and who is otherwise eligible for benefits shall be 250
317-eligible to receive benefits only as follows: (1) If such separation from 251
318-the individual's part-time employment precedes a compensable 252
319-separation, under the provisions of this chapter, from his full-time 253
320-employment, he shall be eligible to receive an amount equal to the 254
321-benefits attributable solely to the wages paid to him for any employment 255
322-during his base period other than such part-time employment; or (2) if 256
323-such separation from the individual's part-time employment follows a 257
324-compensable separation, under the provisions of this chapter, from his 258
325-full-time employment, he shall be eligible to receive an amount equal to 259
326-the lesser of the partial unemployment benefits he would have received 260
327-under section 31-229 but for such separation from his part-time 261
328-employment or the partial unemployment benefits for which he would 262
329-be eligible under section 31-229 based on any subsequent part-time 263
330-employment. In no event may the employer who provided such part-264
331-time employment for the individual be charged for any benefits paid 265
332-pursuant to the subsection. For purposes of this subsection, "full-time 266
333-employment" means any job normally requiring thirty-five hours or 267
334-more of service each week, and "part-time employment" means any job 268
335-normally requiring less than thirty-five hours of service each week.269
33683 This act shall take effect as follows and shall amend the following
33784 sections:
33885
339-Section 1 October 1, 2022 31-236
86+Section 1 October 1, 2022 New section
87+Sec. 2 October 1, 2022 31-237d
88+Sec. 3 October 1, 2022 Repealer section
34089
341-LAB Joint Favorable Subst.
90+Statement of Purpose:
91+To allow striking employees to collect unemployment benefits.
92+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
93+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
94+underlined.]
34295