Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1831 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 740 FILED ON: 1/17/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1831
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James Arciero
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to unemployment compensation and labor disputes.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:James Arciero2nd Middlesex1/11/2023 1 of 3
16	16	HOUSE DOCKET, NO. 740 FILED ON: 1/17/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1831
18	18	By Representative Arciero of Westford, a petition (accompanied by bill, House, No. 1831) of
19	19	James Arciero relative to unemployment compensation and labor disputes. Labor and
20	20	Workforce Development.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to unemployment compensation and labor disputes.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 Section 25 of Chapter 151A of the General Laws, as appearing in the 2018 Official
30	30	2Edition, is hereby amended by striking out section (b) and inserting in place thereof the
31	31	3following:-
32	32	4 (b) Any week with respect to which the commissioner finds that his unemployment is
33	33	5due to a stoppage of work which exists because of a labor dispute at the factory, establishment or
34	34	6other premises at which he was last employed for a period of 30 days following the
35	35	7commencement of the unemployment caused by the labor dispute. If the employer does not
36	36	8permit their return, the claimant shall be entitled to recover any benefits lost as a result of the 30
37	37	9day waiting period before receiving benefits; however, no waiting period or disqualification
38	38	10under this subsection (b) shall apply if the labor dispute is caused by the failure or refusal of the
39	39	11employer to comply with an agreement or contract between the employer and the claimant,
40	40	12including a collective bargaining agreement with a union representing the claimant, or a state or 2 of 3
41	41	13federal law pertaining to hours, wages, or conditions of work; provided, however, that nothing in
42	42	14this subsection shall be construed so as to deny benefits to an otherwise eligible individual (1)
43	43	15who becomes involuntarily unemployed during the period of the negotiation of a collective
44	44	16bargaining contract, in which case the individual shall receive benefits for the period of his
45	45	17unemployment but in no event beyond the date of the commencement of a strike; or (2) who is
46	46	18not recalled to work within one week following the termination of the labor dispute; and
47	47	19provided, further, that this subsection shall not apply if it is shown to the satisfaction of the
48	48	20commissioner that:
49	49	21 (1) The employee is not participating in or financing or directly interested in the labor
50	50	22dispute which caused the stoppage of work; and that
51	51	23 (2) The employee does not belong to a grade or class of workers of which, immediately
52	52	24before the commencement of the stoppage, there were members employed at the premises at
53	53	25which the stoppage occurs, any of whom are participating in or financing or directly interested in
54	54	26the dispute, except that an individual for whom no work is available and who is not a member of
55	55	27or eligible to membership in the group or organization which caused the stoppage, shall not be
56	56	28considered as belonging to the same grade or class of workers as those who are responsible for
57	57	29the stoppage of work; provided, further, that if, in any case, separate branches of work which are
58	58	30commonly conducted as separate businesses in separate premises are conducted in separate
59	59	31departments of the same premises, each such department may, for the purposes of this
60	60	32subsection, be deemed a separate factory, establishment or other premises. 3 of 3
61	61	33 (3) For the purposes of this chapter, the payment of regular union dues or assessments
62	62	34shall not be construed as participating in or financing or being directly interested in a labor
63	63	35dispute.
64	64	36 (4) The individual has, subsequent to his unemployment because of a labor dispute,
65	65	37obtained employment, and has been paid wages of not less than the amount specified in clause
66	66	38(a) of section twenty-four; provided, however, that during the existence of such labor dispute the
67	67	39wages of such individual used for the determination of his benefit rights shall not include any
68	68	40wages such individual earned from the employer involved in such labor dispute.
69	69	41 In addition to the foregoing, an employee shall not be denied benefits as the result of an
70	70	42employer's lockout, whether or not there is a stoppage of work, if such employees are ready,
71	71	43willing and able to work under the terms and conditions of the existing or expired contract
72	72	44pending the negotiation of a new contract unless the employer shows by a preponderance of
73	73	45evidence that the lockout is in response to: (a) acts of repeated and substantial damage to the
74	74	46employer's property, or (b) repeated threats of imminent, substantial damage; provided, however,
75	75	47that such damage or threats of damage are caused or directed by members of the bargaining unit
76	76	48with the express or implied approval of the officers of such unit, and the employer has taken all
77	77	49reasonable measures to prevent such damage to property and such efforts have been
78	78	50unsuccessful.
79	79	51 A lockout, as used in this subsection, shall exist whether or not such action is to obtain
80	80	52for the employer more advantageous terms when an employer fails to provide employment to his
81	81	53employees with whom he is engaged in a labor dispute, either by physically closing his plant or
82	82	54informing his employees that there will be no work until the labor dispute has terminated.