SF 3588

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/15/2024 02:46pm

A bill for an act
relating to unemployment insurance; modifying eligibility under certain conditions
for applicants involved in a labor dispute; amending Minnesota Statutes 2022,
section 268.085, subdivision 13b.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 268.085, subdivision 13b, is amended to read:

Subd. 13b.

Labor dispute.

(a) An applicant who has stopped working because of a labor
dispute at the establishment where the applicant is employed is ineligible for unemployment
benefits:

(1) until the new text begin earlier of the new text end end of the calendar week that the labor dispute was in active
progress new text begin or the end of the calendar week following the calendar week that the labor dispute
began new text end if the applicant is participating in or directly interested in the labor dispute; or

(2) until the end of the calendar week that the labor dispute began if the applicant is not
participating in or directly interested in the labor dispute.

Participation includes any failure or refusal by an applicant, voluntarily or involuntarily,
to accept and perform available and customary work at the establishment.

(b) An applicant who has stopped working because of a jurisdictional controversy
between two or more labor organizations at the establishment where the applicant is employed
is ineligible for unemployment benefits until the end of the calendar week that the
jurisdictional controversy was in progress.

(c) An applicant is not ineligible for unemployment benefits under this subdivision if:

(1) the applicant stops working because of an employer's intentional failure to observe
the terms of the safety and health section of a union contract or failure to comply with an
official citation for a violation of federal or state laws involving occupational safety and
health;

(2) the applicant stops working because of a lockout; deleted text begin or
deleted text end

(3) the applicant is discharged before the beginning of a labor dispute new text begin ; or
new text end

new text begin (4) an employer engages the services of a replacement worker for the applicant's position,
whether that replacement worker is engaged on a permanent or temporary basis, or is an
existing worker reassigned permanently or temporarily from other duties to perform the
duties of the applicant's position new text end .

(d) A quit from employment by the applicant during the time that the labor dispute is in
active progress at the establishment does not terminate the applicant's participation in or
direct interest in the labor dispute for purposes of this subdivision.

(e) For the purpose of this subdivision, the term "labor dispute" has the same definition
as provided in section 179.01, subdivision 7.