SPONSOR: Sen. Brown & Rep. Bolden Sens. Lockman, Poore, Walsh; Rep. K. Williams DELAWARE STATE SENATE 152nd GENERAL ASSEMBLY SENATE BILL NO. 45 AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.
SPONSOR: Sen. Brown & Rep. Bolden Sens. Lockman, Poore, Walsh; Rep. K. Williams
SPONSOR: Sen. Brown & Rep. Bolden
Sens. Lockman, Poore, Walsh; Rep. K. Williams
SPONSOR:
Sen. Brown & Rep. Bolden
Sens. Lockman, Poore, Walsh; Rep. K. Williams
DELAWARE STATE SENATE
152nd GENERAL ASSEMBLY
SENATE BILL NO. 45
AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 3314, Title 19 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 3314. Disqualification for benefits. An individual shall be disqualified for benefits: (4) For any Except as provided by paragraph (4)b. of this section, before the third week with respect to which the Department finds that the individuals total or partial unemployment is due to a stoppage of work which exists because of a labor dispute (other than a lockout) dispute, other than a lockout, at the factory, establishment establishment, or other premises at which the individual is or was last employed. a. For purposes of this paragraph, a lockout exists when: when all of the following apply: a. 1. The contract between the employing unit and the individuals bona fide labor organization has expired and contract negotiations are continuing; continuing. b. 2. The individual, through a bona fide labor organization, has offered to continue working for a reasonable time under the preexisting terms and conditions of employment so as to avert a work stoppage pending the final settlement of the contract negotiations; and negotiations. c. 3. The employing unit has refused to permit work to continue and maintain the status quo for a reasonable time pending further negotiations. b. An individual is not disqualified for benefits before the third week with respect to which the Department finds that the individuals total or partial unemployment is due to a stoppage of work which exists because of a labor dispute, other than a lockout, if 1 of the following applies: 1. The labor dispute is caused by the failure or refusal of the employer to comply with an agreement or contract between the employer and the individual, including a collective bargaining agreement with a union representing the individual, or a State or federal law pertaining to hours, wages, or other conditions of work. 2. The employer hires a permanent replacement worker for the individuals position. A. A replacement worker is presumed to be permanent unless the employer certifies in writing that the individual will be able to return to the individuals prior position on conclusion of the labor dispute, if the labor dispute terminates before the conclusion of the individuals eligibility for benefits under this chapter. B. If, after the certification under paragraph (4)b.2.A. of this section, the employer does not permit the individual to return to the individuals prior position, the individual is qualified for, and may recover, benefits lost during the period the individual was disqualified for benefits, and the Department may impose a penalty on the employer of up to $750 per employee per week of benefits lost. The Department shall deposit the penalty collected under this paragraph (4)b.2.B. into the Penalties and Interest Account.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend 3314, Title 19 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
3314. Disqualification for benefits.
An individual shall be disqualified for benefits:
(4) For any Except as provided by paragraph (4)b. of this section, before the third week with respect to which the Department finds that the individuals total or partial unemployment is due to a stoppage of work which exists because of a labor dispute (other than a lockout) dispute, other than a lockout, at the factory, establishment establishment, or other premises at which the individual is or was last employed.
a. For purposes of this paragraph, a lockout exists when: when all of the following apply:
a. 1. The contract between the employing unit and the individuals bona fide labor organization has expired and contract negotiations are continuing; continuing.
b. 2. The individual, through a bona fide labor organization, has offered to continue working for a reasonable time under the preexisting terms and conditions of employment so as to avert a work stoppage pending the final settlement of the contract negotiations; and negotiations.
c. 3. The employing unit has refused to permit work to continue and maintain the status quo for a reasonable time pending further negotiations.
b. An individual is not disqualified for benefits before the third week with respect to which the Department finds that the individuals total or partial unemployment is due to a stoppage of work which exists because of a labor dispute, other than a lockout, if 1 of the following applies:
1. The labor dispute is caused by the failure or refusal of the employer to comply with an agreement or contract between the employer and the individual, including a collective bargaining agreement with a union representing the individual, or a State or federal law pertaining to hours, wages, or other conditions of work.
2. The employer hires a permanent replacement worker for the individuals position.
A. A replacement worker is presumed to be permanent unless the employer certifies in writing that the individual will be able to return to the individuals prior position on conclusion of the labor dispute, if the labor dispute terminates before the conclusion of the individuals eligibility for benefits under this chapter.
B. If, after the certification under paragraph (4)b.2.A. of this section, the employer does not permit the individual to return to the individuals prior position, the individual is qualified for, and may recover, benefits lost during the period the individual was disqualified for benefits, and the Department may impose a penalty on the employer of up to $750 per employee per week of benefits lost. The Department shall deposit the penalty collected under this paragraph (4)b.2.B. into the Penalties and Interest Account.
SYNOPSIS Under current Delaware law, if a labor dispute constitutes a lockout, employees are immediately eligible for unemployment benefits. Additionally, current law permits an individual to collect unemployment benefits beginning the third week of a labor dispute, other than a lockout. This Act mandates that the 2-week disqualification period does not apply if either: (1) The labor dispute is caused by the failure or refusal of the employer to comply with an agreement or contract between the employer and the individual, including a collective bargaining agreement with a union representing the individual, or a State or federal law pertaining to hours, wages, or other conditions of work. (2) The employer hires a permanent replacement worker for the individual's position. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Author: Senator Brown
SYNOPSIS
Under current Delaware law, if a labor dispute constitutes a lockout, employees are immediately eligible for unemployment benefits. Additionally, current law permits an individual to collect unemployment benefits beginning the third week of a labor dispute, other than a lockout.
This Act mandates that the 2-week disqualification period does not apply if either:
(1) The labor dispute is caused by the failure or refusal of the employer to comply with an agreement or contract between the employer and the individual, including a collective bargaining agreement with a union representing the individual, or a State or federal law pertaining to hours, wages, or other conditions of work.
(2) The employer hires a permanent replacement worker for the individual's position.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Author: Senator Brown