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