Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1947 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. 122 FILED ON: 1/9/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1947
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Lindsay N. Sabadosa and Paul W. Mark
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:Lindsay N. Sabadosa1st Hampshire1/9/2023Paul W. MarkBerkshire, Hampden, Franklin and
16	16	Hampshire
17	17	1/9/2023 1 of 3
18	18	HOUSE DOCKET, NO. 122 FILED ON: 1/9/2023
19	19	HOUSE . . . . . . . . . . . . . . . No. 1947
20	20	By Representative Sabadosa of Northampton and Senator Mark, a joint petition (accompanied by
21	21	bill, House, No. 1947) of Lindsay N. Sabadosa and Paul W. Mark relative to unemployment
22	22	compensation and labor disputes. Labor and Workforce Development.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to unemployment compensation and labor disputes.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 Section 25 of Chapter 151A of the General Laws, as appearing in the 2018 Official
32	32	2Edition, is hereby amended by striking out section (b) and inserting in place thereof the
33	33	3following:-
34	34	4 (b) Any week with respect to which the commissioner finds that his unemployment is
35	35	5due to a stoppage of work which exists because of a labor dispute at the factory, establishment or
36	36	6other premises at which he was last employed for a period of 30 days following the
37	37	7commencement of the unemployment caused by the labor dispute, except that the period without
38	38	8benefits shall not apply if the employer hires a permanent replacement worker for the claimant’s
39	39	9position. A replacement worker shall be presumed to be permanent unless the employer certifies
40	40	10in writing that the claimant will be permitted to return to their prior position upon conclusion of
41	41	11the dispute. If the employer does not permit the return, the claimant shall be entitled to recover
42	42	12any benefits lost as a result of the 30 day waiting period before receiving benefits; however, no 2 of 3
43	43	13waiting period or disqualification under this subsection (b) shall apply if the labor dispute is
44	44	14caused by the failure or refusal of the employer to comply with an agreement or contract between
45	45	15the employer and the claimant, including a collective bargaining agreement with a union
46	46	16representing the claimant, or a state or federal law pertaining to hours, wages, or conditions of
47	47	17work; provided, however, that nothing in this subsection shall be construed so as to deny benefits
48	48	18to an otherwise eligible individual (1) who becomes involuntarily unemployed during the period
49	49	19of the negotiation of a collective bargaining contract, in which case the individual shall receive
50	50	20benefits for the period of his unemployment but in no event beyond the date of the
51	51	21commencement of a strike; or (2) who is not recalled to work within one week following the
52	52	22termination of the labor dispute; and provided, further, that this subsection shall not apply if it is
53	53	23shown to the satisfaction of the commissioner that:
54	54	24 (1) The employee is not participating in or financing or directly interested in the labor
55	55	25dispute which caused the stoppage of work; and that
56	56	26 (2) The employee does not belong to a grade or class of workers of which, immediately
57	57	27before the commencement of the stoppage, there were members employed at the premises at
58	58	28which the stoppage occurs, any of whom are participating in or financing or directly interested in
59	59	29the dispute, except that an individual for whom no work is available and who is not a member of
60	60	30or eligible to membership in the group or organization which caused the stoppage, shall not be
61	61	31considered as belonging to the same grade or class of workers as those who are responsible for
62	62	32the stoppage of work; provided, further, that if, in any case, separate branches of work which are
63	63	33commonly conducted as separate businesses in separate premises are conducted in separate
64	64	34departments of the same premises, each such department may, for the purposes of this
65	65	35subsection, be deemed a separate factory, establishment or other premises. 3 of 3
66	66	36 (3) For the purposes of this chapter, the payment of regular union dues or assessments
67	67	37shall not be construed as participating in or financing or being directly interested in a labor
68	68	38dispute.
69	69	39 (4) The individual has, subsequent to his unemployment because of a labor dispute,
70	70	40obtained employment, and has been paid wages of not less than the amount specified in clause
71	71	41(a) of section twenty-four; provided, however, that during the existence of such labor dispute the
72	72	42wages of such individual used for the determination of his benefit rights shall not include any
73	73	43wages such individual earned from the employer involved in such labor dispute.
74	74	44 In addition to the foregoing, an employee shall not be denied benefits as the result of an
75	75	45employer's lockout, whether or not there is a stoppage of work, if such employees are ready,
76	76	46willing and able to work under the terms and conditions of the existing or expired contract
77	77	47pending the negotiation of a new contract unless the employer shows by a preponderance of
78	78	48evidence that the lockout is in response to: (a) acts of repeated and substantial damage to the
79	79	49employer's property, or (b) repeated threats of imminent, substantial damage; provided, however,
80	80	50that such damage or threats of damage are caused or directed by members of the bargaining unit
81	81	51with the express or implied approval of the officers of such unit, and the employer has taken all
82	82	52reasonable measures to prevent such damage to property and such efforts have been
83	83	53unsuccessful.
84	84	54 A lockout, as used in this subsection, shall exist whether or not such action is to obtain
85	85	55for the employer more advantageous terms when an employer fails to provide employment to his
86	86	56employees with whom he is engaged in a labor dispute, either by physically closing his plant or
87	87	57informing his employees that there will be no work until the labor dispute has terminated.