2013 - 2014 LEGISLATURE
May 23, 2013 - Introduced by Senators Leibham,
Wirch, Lehman and Vinehout,
cosponsored by Representatives
Tittl, Wright, Jacque, C. Taylor, Sinicki, A.
Ott, Kahl, Kolste, Doyle, Hesselbein, Barnes, Genrich, Berceau, Young,
Hulsey, Billings and Barca. Referred to Committee on Judiciary and Labor.
1An Act to amend
108.04 (10) (a) of the statutes; relating to: eligibility of certain
2employees who are affected by labor disputes for unemployment insurance
Analysis by the Legislative Reference Bureau
Currently, an employee who leaves or partially or totally loses his or her work
with an employer because of a strike or other bona fide labor dispute, other than a
lockout, is not eligible to receive unemployment insurance (UI) benefits based on the
wages paid to the employee prior to the beginning of the dispute for any week in
which the dispute is in active progress in the establishment in which the employee
is or was employed.
This bill permits such an employee to receive UI benefits while a labor dispute
is in active progress if the employee is otherwise eligible to receive benefits and the
employee is not participating in the dispute and is not a member of the grade or class
of workers (usually a collective bargaining unit) of which, immediately before the
dispute, there were members employed with the employee's employer, any of whom
are participating in the dispute.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
108.04 (10) (a) of the statutes is amended to read:
(a) An Except as provided in par. (b), an
employee who has left or 3
partially or totally lost his or her work with an employing unit because of a strike or 4
other bona fide labor dispute, other than a lockout, is not eligible to receive benefits 5
based on wages paid for employment prior to commencement of the dispute for any 6
week in which the dispute is in active progress in the establishment in which the 7
employee is or was employed, except as provided in par. (b) unless the employee is
8not participating in the dispute and the employee is not a member of a grade or class
9of workers of which, immediately before the commencement of the dispute, there
10were members employed with the employing unit, any of whom are participating in
(1) This act first applies with respect to weeks of unemployment commencing 14
on the effective date of this subsection.