HB 1481 — An Act amending the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment Compensation Law, in compensation, further providing for ineligibility for compensation.

CORRECTIVE REPRINT PRIOR PRINTER'S NO.NOS.

16671667, 2171 PRINTER'S NO.

21712186 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of 2023 No.

WILLIAMS, KRAJEWSKI, GREEN, NEILSON, OTTEN, WARREN AND KHAN, JUNE 21, 2023 AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 18, 2023 AN ACT Amending the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), entitled "An act establishing a system of unemployment compensation to be administered by the Department of Labor and Industry and its existing and newly created agencies with personnel (with certain exceptions) selectedkeep records and make reports, and certain employers to pay contributions based on apayrolls civilto serviceprovide basis;moneys for the payment of compensation to certain unemployed persons;

requiring employers to keep records and make reports, and certain employers to pay payment of compensation to certain unemployed persons;the providing procedure and administrative details for the determination, payment and collection of such contributions and the payment of such compensation;

and prescribing penalties," in compensation, further providing for qualifications required to secure ◄ compensation and for ineligibility for compensation.

Section 401(e)(1) of the act of December 5, 1936 ◄ (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment Compensation Law, is amended and the section is amended by adding a subsection to read:

* * * (h) For SUBJECT TO SECTION 402(D.1), FOR a claim for a <-- period of unemployment beginning after ◄ the effective date of this subsection, is unemployed due to a stoppage of work caused by a labor dispute:

Provided, That the ◄ claimant shall not be <-- provided benefits for a thirty-day period following a stoppage of work caused by a labor dispute other than a lockout.

◄ Section 2.

Section 402(b) and (d) of the act, amended November 3, 2022 (P.L.2153, No.156), are amended AND THE SECTION <-- IS AMENDED BY ADDING A SUBSECTION to read:

◄ SECTION 1.

SECTION 402(B) AND (D) OF THE ACT OF DECEMBER 5, ◄ 1936 (2ND SP.SESS., 1937 P.L.2897, NO.1), KNOWN AS THE UNEMPLOYMENT COMPENSATION LAW, AMENDED NOVEMBER 3, 2022 (P.L.2153, NO.156), ARE AMENDED TO READ:

Ineligibility for Compensation.--An employe shall be ineligible for compensation for any week-- * * * (b) In which [his]his THE EMPLOYE'S unemployment is due to <-- voluntarily leaving ◄ work without cause of a necessitous and compelling nature, irrespective of whether or not such work is in "employment" as defined in this act:

And provided further, That no employe shall be deemed to be ineligible under this subsection where as a 20230HB1481PN2186 - 2 - condition of continuing in employment such employe would be required to join or remain a member of a company union or to resign from or refrain from joining any bona 20230HB1481PN2171 - 2 - fide labor organization, or to accept wages, hours or conditions of employment not desired by a majority of the employes in the establishment or the occupation, or would be denied the right of collective bargaining under generally prevailing conditions, and that in determining whether or not an employe has left [his]his THE <-- EMPLOYE'S work ◄ voluntarily without cause of a necessitous and compelling nature, the department shall give consideration to the same factors, insofar as they are applicable, provided, with respect to the determination of suitable work under section four (t):

[And provided further, That the provisions of this <-- subsection ◄ shall [notnot apply in the event of a stoppage of work <-- which exists ◄ because of a labor dispute within the meaning of subsection (d).] BEProvided SUBJECTfurther, TOThat SUBSECTIONno (D.1):otherwise eligible claimant ◄ shall be denied benefits for any week in which his unemployment ◄ is due to exercising the option of accepting a layoff, from an available position pursuant to a labor-management contract agreement, or pursuant to an established employer plan, program or policy:

Provided <-- further, That no otherwise eligible claimant shall be denied benefits for any week in which [his] THE CLAIMANT'S unemployment <-- is due to exercising the option of accepting a layoff, from an available position pursuant to a labor-management contract agreement, or pursuant to an established employer plan, program or policy:

Provided further, That a claimant shall not be disqualified for voluntarily leaving work if the claimant left such work to accompany a spouse who is on active duty with the United States Armed Forces and is required to relocate due to permanent change of station orders, activation orders or unit deployment orders and such relocation would make it impractical or unreasonably difficult, as determined by the department, for 20230HB1481PN2186 - 3 - the claimant to continue employment with the claimant's employer.employer[.]:

ForPROVIDED purposesFURTHER, ofTHAT thisAN subsectionEMPLOYE theWHO termIS "suitable◄ 20230HB1481PN2171UNEMPLOYED, -EITHER 3IN -WHOLE employment"OR meansIN withPART, respectDUE toTO aA claimant,WORK workSTOPPAGE ofSHALL aNOT substantiallyBE equalCONSIDERED orTO higherHAVE skillVOLUNTARILY levelLEFT thanWORK theFOR claimant'sPURPOSES pastOF "adverselyTHIS affectedACT. employment" (as defined in section 247 of the Trade Act of 1974), and wages for such work at not less than eighty per centum of the worker's "average weekly wage" (as defined in section 247 of the Trade Act of 1974).

For purposes of this subsection the term "suitable employment" means with respect to a claimant, work of a substantially equal or higher skill level than the claimant's past "adversely affected employment" (as defined in section 247 of the Trade Act of 1974), and wages for such work at not less than eighty per centum of the worker's "average weekly wage" (as defined in section 247 of the Trade Act of 1974).

Provided, That this subsection shall not apply if it is shown that (1) he is not participating in, or directly interested in, the labor dispute which caused the stoppage of work, and (2) he is not a member of an organization which is participating in, or directly interested in, the labor dispute which caused the stoppage of work, and (3) he does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in, or directly interested in, the dispute.] (D.1)* IN* WHICH* THE◄ EMPLOYE'SSection UNEMPLOYMENT3 IS2. DUE TO A <-- STOPPAGE OF WORK, WHICH EXISTS BECAUSE OF A LABOR DISPUTE, OTHER THAN A LOCK-OUT, AT THE FACTORY, ESTABLISHMENT OR OTHER PREMISES AT WHICH THE EMPLOYE IS OR WAS LAST EMPLOYED.

THE FOLLOWING APPLY:

(1) INELIGIBILITY UNDER THIS SUBSECTION SHALL NOT APPLY IF IT IS SHOWN THAT THE EMPLOYE:

(I) IS NOT PARTICIPATING IN, OR DIRECTLY INTERESTED IN, THE LABOR DISPUTE WHICH CAUSED THE STOPPAGE OF WORK;

20230HB1481PN2171 - 4 - (II) IS NOT A MEMBER OF AN ORGANIZATION WHICH IS PARTICIPATING IN, OR DIRECTLY INTERESTED IN, THE LABOR DISPUTE WHICH CAUSED THE STOPPAGE OF WORK;

AND (III) DOES NOT BELONG TO A GRADE OR CLASS OF WORKERS OF WHICH, IMMEDIATELY BEFORE THE COMMENCEMENT OF THE STOPPAGE OF WORK, THERE WERE MEMBERS EMPLOYED AT THE FACTORY, ESTABLISHMENT OR OTHER PREMISES AT WHICH THE STOPPAGE OCCURS, ANY OF WHOM ARE PARTICIPATING IN, OR DIRECTLY INTERESTED IN, THE LABOR DISPUTE WHICH CAUSED THE STOPPAGE OF WORK.

(2) IF THE EMPLOYE IS ELIGIBLE FOR COMPENSATION BECAUSE THE CONDITIONS UNDER PARAGRAPH (1) ARE MET, THE WAITING PERIOD UNDER SECTION 401(E)(1) SHALL APPLY BUT THE ADDITIONAL WAITING PERIOD UNDER PARAGRAPH (4) SHALL NOT APPLY.

(3) IN THE CASE OF A LOCK-OUT, THE EMPLOYE SHALL BE ELIGIBLE FOR COMPENSATION, SUBJECT TO SECTION 401(E)(1).

(4) IF THE EMPLOYE'S UNEMPLOYMENT IS DUE TO A STOPPAGE OF WORK, WHICH EXISTS BECAUSE OF A LABOR DISPUTE, OTHER THAN A LOCK-OUT, AND IF THE CONDITIONS UNDER PARAGRAPH (1) ARE NOT MET SUCH THAT THE EMPLOYE WOULD BE ELIGIBLE FOR COMPENSATION, THE EMPLOYE SHALL BE ELIGIBLE FOR COMPENSATION UNDER THIS PARAGRAPH FOLLOWING THE STOPPAGE OF WORK, BEGINNING ONE WEEK AFTER THE WAITING PERIOD UNDER SECTION 401(E)(1).

* * * Section 3.

20230HB1481PN2171◄ 20230HB1481PN2186 - 54 -