An Act To Amend the Law Regarding Disqualification for Unemployment Benefits during Stoppages of Work
Maine Legislature, Session 127, LD 1501
Committee: Labor, Commerce, Research and Economic Development
Sponsors: STETKIS, CUSHING, HARRINGTON, ORDWAY, SIROCKI, BRAKEY
Amends: 26 MRSA §1193

Legislative Document 
No. 1501 
H.P. 1024 
House of Representatives, December 23, 2015 
An Act To Amend the Law Regarding Disqualification for 
Unemployment Benefits during Stoppages of Work 
(EMERGENCY) 
Submitted by the Department of Labor pursuant to Joint Rule 203. 
Received by the Clerk of the House on December 21, 2015.  Referred to the Committee on 
Labor, Commerce, Research and Economic Development pursuant to Joint Rule 308.2 and 
ordered printed pursuant to Joint Rule 401. 
ROBERT B. HUNT 
Clerk 
Presented by Representative STETKIS of Canaan. 
Cosponsored by Senator CUSHING of Penobscot and 
Representatives: HARRINGTON of Sanford, ORDWAY of Standish, SIROCKI of 
Scarborough, Senator: BRAKEY of Androscoggin. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, stoppages of work may occur at any time; and 
Whereas, it is necessary to ensure that the employment security law does not 
penalize employers who are required to maintain ongoing operations in emergency 
conditions or to maintain the provision of necessary services; and 
Whereas, the intent of this legislation is to prevent payments from the 
Unemployment Compensation Fund to certain individuals for the purposes of ensuring 
the highest possible balance in the fund and lowering taxes on employers; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §1193, sub-§4, as amended by PL 1997, c. 391, §1, is further 
amended to read: 
4.  Stoppage of work.  For any week with respect to which the deputy, after 
notification by the Director of Unemployment Compensation under section 1194, 
subsection 2, finds that the claimant's total or partial unemployment is due to a stoppage 
of work that exists because of a labor dispute at the factory, establishment or other 
premises at which the claimant is or was employed, or there would have been a stoppage 
of work had substantially normal operations not been maintained with other personnel 
previously and currently employed by the same employer and any other additional 
personnel that the employer may hire to perform tasks not previously done by the striking 
employees. This subsection does not apply if it is shown to the satisfaction of the deputy 
that:  
A.  The claimant is not participating in or financing or directly interested in the labor 
dispute that caused the stoppage of work; 
B.  The claimant does not belong to a grade or class of workers of which, 
immediately before the commencement of the stoppage there were members 
employed at the premises at which the stoppage occurs, any of whom are 
participating in or financing or directly interested in the dispute; 
C.  The claimant has obtained employment subsequent to the beginning of the 
stoppage of work and has earned at least 8 times the claimant's weekly benefit 
amount in employment by an employer or has been in employment by an employer 
for 5 full weeks; 
D.  The claimant became unemployed because of a strike or lockout caused by an 
employer's willful failure to observe the terms of the safety and health section of a 
union contract; an employer's willful failure to comply in a timely fashion with an 
official citation for a violation of federal and state laws involving occupational safety 
and health; or the quitting of labor by an employee or employees in good faith 
because of an abnormally dangerous condition for work at the place of employment 
of that employee or employees; provided that the strike or lockout does not extend 
past the time of the employer's compliance with the safety and health section of the 
union contract, the employer's compliance with the official citation or the finding that 
an abnormally dangerous condition does not exist by a federal or state official 
empowered to issue official citations for violation of federal and state laws involving 
occupational safety and health; or 
E.  The claimant became unemployed because of a lockout by the employer.  For 
purposes of this subsection, the word "lockout" means the withholding of 
employment by an employer from its employees for the purpose of resisting their 
demands or gaining a concession from them. 
If in any case separate branches of work that are commonly conducted as separate 
businesses in separate premises are conducted in separate departments of the same 
premises, each department must, for the purposes of this subsection, be deemed to be a 
separate factory, establishment or other premises; 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill removes the provision of law affecting the disqualification for 
unemployment benefits of employees at an establishment at which there is a labor dispute 
and at which there would have been a work stoppage but for the employer's maintaining 
substantially normal operations through the use of other personnel.