HB 938 — Unemployment insurance; benefit eligibility conditions, lockout exception, etc.

SESSION INTRODUCEDENROLLED 24103282DVIRGINIA IACTS HOUSEOF BILLASSEMBLY NO.–– CHAPTER E An Act to amend and reenact § 60.2-612 of the Code of Virginia, relating to unemployment insurance;

938 Offered January 10, 2024 N Prefiled January 9, 2024 T A BILL to amend and reenact § 60.2-612 of the Code of Virginia, relating to unemployment insurance;

R Patrons––LeVere Bolling and Lopez O ––––––––––[H Referred938] toApproved CommitteeL onL Labor and Commerce D –––––––––– U Be it enacted by the General Assembly of Virginia:

CE § 60.2-612.

ED A.Commission finds that:dividual shall be eligible to receive benefits for any week only if the 1.

AnHe unemployedhas, individualin shallthe behighest eligibletwo toquarters receiveof benefitsearnings within his base period, been paid wages in employment for anyemployers weekthat onlyare ifequal to not less than the Commissionlowest findsamount that:appearing in Column A of the "Benefit Table" appearing in § 60.2-602 on the line which extends through Division C and on which in Column B of the "Benefit Table" appears his weekly benefit amount.

D employment for employers that are equal to not less than the lowest amount appearing in Column A of the "Benefit Table" appearing in § 60.2-602 on the line which extends through Division C and on which in Column B of the "Benefit Table" appears his weekly benefit amount.

His total or partial unemployment is not due to a labor dispute in active progress or toHo shutdown or start-up operations caused by such dispute which exists (i) at the factory, establishment,establi9hment, or other premises, including a vessel, at which he is or was last employed, or (ii) at a factory, H establishment or other premises, including a vessel, either within or without this Commonwealth9Commonwealth, which (a) is owned or operated by the same employing unit which owns or operates the premises at whic8which he is or was last employed and (b) supplies materials or services necessary to the continued and usual laboroperation dispute does not include a lockout by an employer, and an individual who otherwise qualifies for benefits under this section shall not be denied benefits due to a lockout except for any week during which (1) the recognized or certified collective bargaining representative of the locked-outpremises employeesat refuseswhich tohe meet under reasonable conditions with the employer to discuss the issues giving rise to the lockout, (2) there is aor finalwas adjudicationlast underemployed. the federal National Labor Relations Act, 29 U.S.C.

For the purposes of this subdivision, a labor dispute does not include a lockout by an employer, and an individual who otherwise qualifies for benefits under this section shall not be denied benefits due to a lockout except for any week during which (1) the recognized or certified collective bargaining representative of the locked-out employees refuses to meet under reasonable conditions with the employer to discuss the issues giving rise to the § 151 et seq., that during the period of the lockout the recognized or certified collective bargaining representative of the locked-out employees has refused to bargain in good faith with the employer over 34 issues giving rise to the lockout, or (3) the lockout has resulted as a direct consequence of a violation 35 of the provisions of an existing collective bargaining agreement by the recognized or certified collective 37bargaining therepresentative satisfaction of the Commissionlocked-out that:out employees.

This subdivision shall not apply if it is shown to 38the (1)satisfaction (A)of He is not participating in or financing or directly interested in the laborCommission dispute;that:

and(1) 39(A) (2) (B) He doesis not belong to a grade or class of workers of which, immediately before the commencement of the labor dispute, there were members employed at the premises, including a vessel, at which the labor dispute occurs, any of whom are participating in or financing or directly interested in the dispute.labor dispute;

and (2) (B) He does not belong to a grade or class of workers of which, immediately before the at which the labor dispute occurs, any of whom are participating in or financing or directly interested in the dispute.

notMembership alonein constitutea financingunion, aor laborthe dispute.rpayment of regular dues to a bona fide labor organization, however, shall 3.not alone constitute financing a labor dispute.

He3. is not receiving, has not received or is not seeking unemployment benefits under an unemployment compensation law of any other state or of the United States;

however,He ifis thenot appropriatereceiving, has not received or is not seeking unemployment benefits under an agency of such other state or of the United States finally determines that he is not entitled to such unemployment benefits, this subdivision shall not apply.

He has registered for work and thereafter has continued to report at an employment office in regulation,accordance waive or alter either or both of the requirements of this subdivision for certain types of cases when it finds that compliance with such requirementsregulations wouldas be oppressive, or would be inconsistent HB938 2 of 2 with the purposesCommission ofmay thisprescribe. title.

The Commission may, by regulation, waive or alter either or both of the requirements of this subdivision for certain types of cases with the purposes of this title.th such requirements would be oppressive, or would be inconsistent 6.

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