HF 3446

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/20/2024 12:42pm

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 new text begin not new text end ineligible for
unemployment benefits deleted text begin : deleted text end new text begin under this subdivision.
new text end

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

deleted text begin (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.
deleted text end

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

(b) An applicant who has stopped working because of a deleted text begin 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. deleted text end new text begin labor dispute at the establishment where the
applicant is employed is not considered to have quit that employment or been discharged
from that employment under section 268.095 at the time the labor dispute began, nor is the
applicant considered to be on a leave of absence or suspended from that employment under
subdivision 13 or 13a at the time the labor dispute began.
new text end

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

deleted text begin (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;
deleted text end

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

deleted text begin (3) the applicant is discharged before the beginning of a labor dispute.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end A quit from employment by the applicant during the time that the labor dispute
is in active progress at the establishment deleted text begin does not terminate the applicant's participation in
or direct interest in the labor dispute for purposes of this subdivision. deleted text end new text begin is considered a quit
from employment at the time the quit occurred subject to section 268.095.
new text end

new text begin (d) An applicant who is discharged from employment during the time that the labor
dispute is in active progress at the establishment is considered discharged from employment
at the time the discharge occurred subject to section 268.095.
new text end

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