An Act To Amend the Law Regarding Disqualification for Unemployment Benefits during Stoppages of Work
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,
Sec. 1. 26 MRSA §1193, sub-§4, as amended by PL 1997, c. 391, §1, is further amended to read:
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.
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.