REPORT TITLE:
Labor


DESCRIPTION:
Amends the unemployment compensation law that disqualifies
benefits for labor disputes by adding an exemption for an
employer's rejection of a bona fide offer from the union.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2260
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE EMPLOYMENT SECURITY LAW.



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

 1      SECTION 1.  Section 383-30, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      383-30  Disqualification for benefits.  An individual shall
 
 4 be disqualified for benefits:
 
 5      (1)  Voluntary separation.  [For any week prior to
 
 6           October 1, 1989, in which the individual has left work
 
 7           voluntarily without good cause, and continuing until
 
 8           the individual has, subsequent to the week in which the
 
 9           voluntary separation occurred, been employed for at
 
10           least five consecutive weeks of employment.]  For the
 
11           purposes of this paragraph, "weeks of employment" means
 
12           all those weeks within each of which the individual has
 
13           performed services in employment for not less than two
 
14           days or four hours per week, for one or more employers,
 
15           whether or not such employers are subject to this
 
16           chapter.  For any week beginning on and after
 
17           October 1, 1989, in which the individual has left the
 
18           individual's work voluntarily without good cause, and
 
19           continuing until the individual has, subsequent to the
 

 
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                                     S.B. NO.           2260
                                                        
                                                        

 
 1           week in which the voluntary separation occurred, been
 
 2           paid wages in covered employment equal to not less than
 
 3           five times the individual's weekly benefit amount as
 
 4           determined under section 383-22(b).
 
 5                An owner-employee of a corporation who brings
 
 6           about the owner-employee's unemployment by divesting
 
 7           ownership, leasing the business interest, terminating
 
 8           the business, or by other similar actions where the
 
 9           owner-employee is the party initiating termination of
 
10           the employment relationship, has voluntarily left
 
11           employment.
 
12      (2)  Discharge or suspension for misconduct.  [For any week
 
13           prior to October 1, 1989, in which the individual has
 
14           been discharged for misconduct connected with work, and
 
15           continuing until the individual has, subsequent to the
 
16           week in which the discharge occurred, been employed for
 
17           at least five consecutive weeks of employment.  For the
 
18           week in which the individual has been suspended for
 
19           misconduct connected with work and for not less than
 
20           one or more than four consecutive weeks of unemployment
 
21           which immediately follow such week, as determined in
 
22           each case in accordance with the seriousness of the
 
23           misconduct.]  For the purposes of this paragraph,
 

 
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                                     S.B. NO.           2260
                                                        
                                                        

 
 1           "weeks of employment" means all those weeks within each
 
 2           of which the individual has performed services in
 
 3           employment for not less than two days or four hours per
 
 4           week, for one or more employers, whether or not such
 
 5           employers are subject to this chapter.  For any week
 
 6           beginning on and after October 1, 1989, in which the
 
 7           individual has been discharged for misconduct connected
 
 8           with work, and until the individual has, subsequent to
 
 9           the week in which the discharge occurred, been paid
 
10           wages in covered employment equal to not less than five
 
11           times the individual's weekly benefit amount as
 
12           determined under section 383-22(b).
 
13      (3)  Failure to apply for work, etc.  [For any week prior to
 
14           October 1, 1989, in which the individual failed,
 
15           without good cause, either to apply for available,
 
16           suitable work when so directed by the employment office
 
17           or any duly authorized representative of the department
 
18           of labor and industrial relations, or to accept
 
19           suitable work when offered and continuing until the
 
20           individual has, subsequent to the week in which the
 
21           failure occurred, been employed for at least five
 
22           consecutive weeks of employment.]  For the purposes of
 
23           this paragraph, "weeks of employment" means all those
 

 
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                                     S.B. NO.           2260
                                                        
                                                        

 
 1           weeks within each of which the individual has performed
 
 2           services in employment for not less than two days or
 
 3           four hours per week, for one or more employers, whether
 
 4           or not such employers are subject to this chapter.  For
 
 5           any week beginning on and after October 1, 1989, in
 
 6           which the individual failed, without good cause, either
 
 7           to apply for available, suitable work when so directed
 
 8           by the employment office or any duly authorized
 
 9           representative of the department of labor and
 
10           industrial relations, or to accept suitable work when
 
11           offered until the individual has, subsequent to the
 
12           week in which the failure occurred, been paid wages in
 
13           covered employment equal to not less than five times
 
14           the individual's weekly benefit amount as determined
 
15           under section 383-22(b).
 
16           (A)  In determining whether or not any work is suitable
 
17                for an individual there shall be considered among
 
18                other factors and in addition to those enumerated
 
19                in [paragraph (3)(B),] subparagraph (B), the
 
20                degree of risk involved to the individual's
 
21                health, safety, and morals, the individual's
 
22                physical fitness and prior training, the
 
23                individual's experience and prior earnings, the
 

 
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                                     S.B. NO.           2260
                                                        
                                                        

 
 1                length of unemployment, the individual's prospects
 
 2                for obtaining work in the individual's customary
 
 3                occupation, the distance of available work from
 
 4                the individual's residence, and prospects for
 
 5                obtaining local work.  The same factors so far as
 
 6                applicable shall be considered in determining the
 
 7                existence of good cause for an individual's
 
 8                voluntarily leaving work under paragraph (1).
 
 9           (B)  Notwithstanding any other provisions of this
 
10                chapter, no work shall be deemed suitable and
 
11                benefits shall not be denied under this chapter to
 
12                any otherwise eligible individual for refusing to
 
13                accept new work under any of the following
 
14                conditions:
 
15                (i)  If the position offered is vacant due
 
16                     directly to a strike, lockout, or other labor
 
17                     dispute;
 
18               (ii)  If the wages, hours, or other conditions of
 
19                     the work offered are substantially less
 
20                     favorable to the individual than those
 
21                     prevailing for similar work in the locality;
 
22              (iii)  If as a condition of being employed the
 
23                     individual would be required to join a
 

 
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                                     S.B. NO.           2260
                                                        
                                                        

 
 1                     company union or to resign from or refrain
 
 2                     from joining any bona fide labor
 
 3                     organization.
 
 4      (4)  Labor dispute.  For any week with respect to which it
 
 5           is found that unemployment is due to a stoppage of work
 
 6           which exists because of a labor dispute at the factory,
 
 7           establishment, or other premises at which the
 
 8           individual is or was last employed; provided that this
 
 9           paragraph shall not apply if, prior to the stoppage of
 
10           work or at any time during the stoppage, it is shown
 
11           that the employer has rejected a bona fide offer from
 
12           the labor organization representing the individual to
 
13           submit the dispute to final and binding arbitration.
 
14           Neither shall this paragraph apply if it is shown that:
 
15           (A)  The individual is not participating in or directly
 
16                interested in the labor dispute which caused the
 
17                stoppage of work; and
 
18           (B)  The individual does not belong to a grade or class
 
19                of workers of which, immediately before the
 
20                commencement of the stoppage, there were members
 
21                employed at the premises at which the stoppage
 
22                occurs, any of whom are participating in or
 
23                directly interested in the dispute; provided that
 

 
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                                     S.B. NO.           2260
                                                        
                                                        

 
 1                if in any case separate branches of work, which
 
 2                are commonly conducted as separate businesses in
 
 3                separate premises, are conducted in separate
 
 4                departments of the same premises, each such
 
 5                department shall, for the purpose of this
 
 6                paragraph, be deemed to be a separate factory,
 
 7                establishment, or other premises.
 
 8      (5)  If the department finds that the individual has within
 
 9           the twenty-four calendar months immediately preceding
 
10           any week of unemployment made a false statement or
 
11           representation of a material fact knowing it to be
 
12           false or knowingly failed to disclose a material fact
 
13           to obtain any benefits not due under this chapter, the
 
14           individual shall be disqualified for benefits beginning
 
15           with the week in which the department makes the
 
16           determination and for each consecutive week during the
 
17           current and subsequent twenty-four calendar months
 
18           immediately following such determination, and such
 
19           individual shall not be entitled to any benefit under
 
20           this chapter for the duration of such period; provided
 
21           that no disqualification shall be imposed if
 
22           proceedings have been undertaken against the individual
 
23           under section 383-141.
 

 
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                                     S.B. NO.           2260
                                                        
                                                        

 
 1      (6)  Other unemployment benefits.  For any week or part of a
 
 2           week with respect to which the individual has received
 
 3           or is seeking unemployment benefits under any other
 
 4           employment security law, but this paragraph shall not
 
 5           apply (A) if the appropriate agency finally determines
 
 6           that the individual is not entitled to benefits under
 
 7           such other law, or (B) if benefits are payable to the
 
 8           individual under an act of Congress which has as its
 
 9           purpose the supplementation of unemployment benefits
 
10           under a state law."
 
11      SECTION 2.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 3.  This Act shall take effect upon its approval.
 
14 
 
15                       INTRODUCED BY:  ___________________________