The City Council does hereby find and determine that the employment
of professional strikebreakers in labor disputes is contrary to the
public interest and welfare in that such practices tend to produce
and prolong industrial strife, frustrate collective bargaining and
encourage violence and disorder.
(Prior code § 5-108.1)
As used in this chapter, the following words and phrases, unless
provided otherwise, have the following definitions:
means any person who performs services for wages or salary
under a contract of employment, express or implied, for an employer.
means a person, partnership, firm, corporation, or association,
which employs any person or persons to perform services for a wage
or salary and includes any person, partnership, firm, corporation,
or association acting as an agent of an employer, directly or indirectly.
means any refusal by an employer to permit his or her employees
to work as a result of a dispute with such employees affecting wages,
hours or other terms of conditions of employment of said employees.
means any person:
Who during the period of five years immediately preceding the
acts described in subsection 2 of this definition, has repeatedly
offered himself or herself 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 for the purpose of replacing
an employee or employees involved in said strike or lockout.
Who currently offers himself or herself to an employer, other
than his or her present 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 said strike or lockout.
A professional strikebreaker shall not include a relative of an employer.
As used in this section "repeatedly" means two or more occasions,
exclusive of any current offer for employment in connection with a
current strike or lockout; "employment for the duration of such strike
or lockout" includes employment for all or part of the duration of
such strike or lockout, and "employment" means 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.
means 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.
(Prior code § 5-108.2)
A.
It is
unlawful for any employer to willingly and knowingly 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 is
unlawful for any professional strikebreaker to willingly and knowingly
offer himself or herself 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.
(Prior code § 5-108.3)
A.
It is
unlawful in the City for any person to beset or picket the premises
of another, or any approach thereto, where any person is employed
or seeks employment, or any place or approach thereto where such employee
or person seeking employment lodges or resides, for the purpose of
inducing such employee or person seeking employment, by means of compulsion,
coercion, intimidation, threats, acts of violence, or fear, to quit
his or her employment or to refrain from seeking or freely entering
into employment.
B.
It is
unlawful in the City for any person to beset or picket the premises
of another, or any approach thereto, for the purpose of inducing others,
by means of compulsion, coercion, intimidation, threats, acts of violence,
or fear, to refrain from entering such premises, or to refrain from
patronizing, negotiating with or transacting business with the owner
or occupant of such premises.
C.
It is
unlawful in the City for any person, in association or agreement with
one or more persons, to assemble, congregate, or meet together in
the vicinity of any premises where other persons are employed or seek
employment, or upon the streets, highways, approaches or places adjacent
thereto, for the purpose of inducing such employees or persons seeking
employment, by means of compulsion, coercion, intimidation, threats,
acts of violence or fear, to quit his or her employment or to refrain
from seeking or freely entering into employment.
D.
It is
unlawful in the City for any person, in association or agreement with
one or more persons, to assemble, congregate or meet together in the
vicinity of the premises of another, or upon the streets, highways
or approaches thereto, for the purpose of inducing others, by means
of compulsion, coercion, intimidation, threats, acts of violence or
fear, to refrain from entering such premises, or to refrain from patronizing,
negotiating with or transacting business with the owner or occupant
of such premises.
(Prior code §§ 5-106—5-106.3)
It is unlawful in the City for any person to utter to, or within
the hearing of, another, any derogatory, indecent, opprobrious epithets
or language, or to make any loud or unusual noise, or to speak in
a loud or unusual tone, or to cry out or proclaim, or to use any gestures
for the purpose of inducing any person, by means of compulsion, coercion,
intimidation, threats, acts of violence, or fear, to quit his or her
employment or to refrain from seeking or freely entering into employment,
or to refrain from patronizing, negotiating with, or transacting business
with any other person.
(Prior code § 5-107)
Nothing herein contained shall be deemed or held to prohibit
peaceable picketing, nor to prohibit labor from attempting to accomplish
its aims in trade disputes by other peaceable means, including collective
bargaining.
(Prior code § 5-108)
