SB 434 — 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 qualifications required to secure compensation and for ineligibility for compensation.

Bill Text

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The bill modifies the Pennsylvania Unemployment Compensation Law to establish new qualifications and ineligibility criteria related to labor disputes.

• Section 401(e)(1)

  Has → Except as provided in subsection (h), has

  Clarifies that the waiting period for benefits does not apply when benefits are claimed due to a labor dispute.

• Section 401

  (h) 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.

  Introduces a new rule stating that individuals unemployed due to labor disputes must wait 30 days after the start of the dispute to receive benefits.

• Section 402(b)

  In which his unemployment is due to voluntarily leaving work without cause of a necessitous and compelling nature, → In which his 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: Provided, That a voluntary leaving work because of a disability if the employer is able to provide other suitable work, shall be deemed not a cause of a necessitous and compelling nature: And provided further, That no employe shall be deemed to be ineligible under this subsection where as a 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 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,

  Broadens the conditions under which an employee may not be deemed ineligible for unemployment compensation.

• Section 402(d)

  In which his unemployment is 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 he is or was last employed: 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.

  Eliminates the previous provisions regarding ineligibility for unemployment benefits in the case of a labor dispute.

Action History

1. March 09, 2023

   Referred to Labor & Industry

Sponsors

• Lindsey M. Williams · Primary
• Wayne D. Fontana · Cosponsor
• Vincent J. Hughes · Cosponsor
• Amanda M. Cappelletti · Cosponsor
• Jimmy Dillon · Cosponsor
• Jay Costa · Cosponsor
• Christine M. Tartaglione · Cosponsor
• Katie J. Muth · Cosponsor
• John I. Kane · Cosponsor
• Sharif Street · Cosponsor
• Carolyn T. Comitta · Cosponsor
• Steven J. Santarsiero · Cosponsor
• Timothy P. Kearney · Cosponsor

Subjects