[Ord. #65-07, § 1; 1958 Code § 21.19-1]
Relations between organized labor and management in this City
have for many years been marked by a mature adherence to the principles
of good faith, collective bargaining and a mutual respect for the
rights, interests and well-being of working people, business and industry.
The importation or use in this City of professional strikebreakers
as replacements during a strike or lockout endangers such sound and
beneficial relations between labor and management.
Experience in this City and in other parts of this country demonstrates
that the utilization of professional strikebreakers in labor disputes
are generally of unsavory character and accustomed to association
with undesirable elements. The introduction of such persons into the
community and their employment in this City is harmful to our citizens
and threatens the public peace.
The aforementioned evils are beyond the regulation of applicable
State or Federal law, and the mitigation and correction thereof requires
the exercise of the police power of this City.
[Ord. #65-07, § 1; 1958 Code § 21.19-2]
As used in this section:
Shall mean any person who performs services for wages or
salary under a contract of employment, expressed or implied, for an
employer.
Shall mean a person, partnership, firm, corporation, association
or other entity which employs any person or persons to perform services
for a wage or salary. "Employer" includes any person, partnership,
firm, corporation, association or other entity acting as an agent
of an employer, directly or indirectly.
Shall mean services for an employer, whether compensated
by wages, salary or any other consideration not limited to the foregoing,
and whether secured, arranged or paid for by an employer or any other
person, partnership, firm, corporation, association or other entity.
Shall mean and include employment for all or part of the
duration of such strike or lockout and, in connection therewith, shall
include services during all or part of such strike or lockout which
began not more than one (1) month prior to the initiation thereof
or, in the alternative, which concluded not later than one (1) month
after the termination of such strike or lockout.
Shall mean any refusal by an employer to permit his employees
to work as a result of a dispute with such employees affecting wages,
hours or other terms or conditions of employment of such employees.
Shall mean any person:
Who, during the period of five (5) years immediately preceding
the acts described in paragraph b of this definition, has repeatedly
offered himself to employers at whose places of business a strike
or lockout was currently in progress for employment for the duration
of such strike or lockout;
Who currently offers himself to an employer at whose place of
business a strike or lockout is presently in progress for employment
for the purpose of replacing an employee or employees involved in
such strike or lockout; and
Who at such time is domiciled more than seventy-five (75) miles
from the City.
Shall mean on two (2) or more occasions (exclusive of any
current offer for employment in connection with a current strike or
lockout).
Shall mean any concerted act of employees in a lawful refusal
of such employees under applicable State or Federal law to perform
work or services for an employer.
[Ord. #65-07, § 1; 1958 Code § 21.19-3]
a.
It shall be unlawful for any employer willingly and knowingly to
utilize any professional strikebreaker to replace an employee or employees
involved in a strike or lockout at a place of business located within
the City.
b.
It shall be unlawful for any professional strikebreaker willingly
and knowingly to offer himself for employment to replace or to replace
an employee or employees involved in a strike or lockout at a place
of business located within the City.
[Ord. #65-07, § 1; 1958 Code § 21.19-4]
Any person, partnership, firm, corporation, association or other entity or officer or agent thereof who shall violate any of the provisions of subsection 8-10.3 shall, upon conviction thereof, be subject to fine not to exceed five hundred ($500.00) dollars or imprisonment for a period not to exceed ninety (90) days or both such fine and imprisonment, in the discretion of the court.
