Striking & Locked Out Workers Could Claim Unemployment Relief in New Gonzalez Fletcher Legislation

Monday, February 6, 2017

AB 306 Would Provide Safety Net to Out-Of-Work Employees Caught in a Labor Dispute

SACRAMENTO—(February 6, 2017)—California State Assemblywoman Lorena Gonzalez Fletcher (D-San Diego) proposed today that workers who have been locked out by their employer or who go on strike against their employer should be eligible to file for unemployment insurance benefits for the duration of their work stoppage.

The Assemblywoman announced to her colleagues she is authoring Assembly Bill 306 during the Assembly Floor debate over a resolution honoring Ronald Reagan, whose controversial firing of striking Air Traffic Controllers is remembered as one of the most stridently anti-worker events in modern history.

“To restore the necessary balance between corporations and workers who stand up to fight income inequality, we need to seek creative methods to strengthen unions,” Assemblywoman Gonzalez Fletcher said. “This is one small step in ensuring workers can exercise their right to strike.”

Under AB 306, workers locked out by their employers or workers on strike due to labor disputes would be eligible to collect unemployment insurance benefits, which range from $40 to $450 per week depending on how much an individual has contributed during their work history. In order to be eligible to collect unemployment because of a labor shortage under AB 306, the worker must be a member of a federally recognized labor union that has authorized and called a strike or has been locked out by an employer. In California, 15.9 percent of workers are members of a labor union. In New York, workers who have been locked out or who have gone on strike are eligible to collect unemployment after at least 59 days, with some workers eligible to make earlier claims depending on special circumstances.

“Workers deserve dignity, fairness and respect from their employers. When they have to take on the risk of a strike to demand that, they should be able to access the modest amount of unemployment dollars they’ve been contributing to their whole lives,” said Assemblywoman Lorena Gonzalez Fletcher. “All workers benefit when workers have more leverage in negotiating salaries and benefits. It’s as simple as that, and we want to ensure workers have every edge they can get when negotiating with managers who usually have all the cards.”

AB 306 was introduced on Monday, February 6, 2017. It will be eligible for consideration in committee in March.

For more information on AB 306, or to schedule an interview with Assemblywoman Lorena Gonzalez Fletcher, contact John Vigna at 916.319.2080 or 916.212.0357.

Assemblywoman Lorena Gonzalez Fletcher represents California’s 80th Assembly District, located in southern San Diego County, including the cities of San Diego, Chula Vista, and National City. She serves as Chair of the Assembly Committee on Appropriations, Chair of the Assembly Select Committee on Women in the Workplace, and Vice Chair of the California Latino Legislative Caucus. For more information on Assemblywoman Lorena Gonzalez Fletcher visit