De La Rosa, Wallace, Colton, Carroll, Reyes, DenDekker, Taylor, McMahon, Ramos, Nolan, Jaffee,
DeStefano, Bronson, Perry, Lentol
MLTSPNSR
Thiele
Amd §592, Lab L
Relates to decreasing the length of the suspension period applicable to certain individuals who lose their jobs due to a labor dispute, such as a strike, and who seek to obtain unemployment insurance benefits; decreases the suspension period from seven consecutive weeks to seven consecutive calendar days; and permits the waiting period to be served during a suspension period.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6592
SPONSOR: Ryan TITLE OF BILL: An act to amend the labor law, in relation to decreas-
ing the length of the suspension period applicable to certain striking
workers who seek to obtain unemployment insurance benefits
PURPOSE OR GENERAL IDEA OF THE BILL:
This bill reduces the amount of time that workers on strike must wait
prior to receiving unemployment insurance benefits.
SUMMARY OF PROVISIONS:
Section 1 of the the bill reduces, from seven consecutive weeks to one
week, the period during which the accumulation of unemployment benefit
rights is suspended for a claimant who loses their employment due to
strike or other industrial controversy, including concerted activity not
authorized or sanctioned by the recognized or certified bargaining agent
of the claimant, and other concerted activity conducted in violation of
any existing collective bargaining agreement, in the establishment in
which the claimant was employed.
Section 1 also provides that the requisite waiting period may be served
concurrently with the suspension period.
Section 2 sets the effective date.
JUSTIFICATION:
Currently, in New York State, workers on strike are permitted to receive
unemployment insurance (UI) benefits. To be eligible for such benefits,
though, striking workers must wait until after the expiration of a
49-day suspension period. This suspension period is not imposed on other
unemployed people seeking UI benefits.
Furthermore, all UI benefits claimants must serve an unpaid waiting
period of one full week before benefits are paid; for workers on strike,
this 1-week waiting period commences upon the expiration of the 49-day
suspension period.
Requiring workers on strike to wait seven weeks before they are eligible
to claim UI benefits places an undue financial hardship on workers exer-
cising their legally guaranteed rights to organize, bargain collective-
ly, and strike. By aligning the amount of time that a UI benefits claim-
ant on strike must wait with the waiting period applicable to other
claimants, the financial hardship experienced by striking workers will
be lessened.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act takes effect immediately.
