The Board of Supervisors finds and determines 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, frustrative collective bargaining and
encourage violence and disorder.
(SCC 69 § 1, 1972)
As used in this chapter, the words and phrases in Sections 9.64.030 through 9.64.070, unless provided otherwise, shall have the following definitions.
(SCC 69 § 1, 1972)
"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.
(SCC 69 § 1, 1972)
"Employee" means any person who performs services for wages
or salary under a contract of employment, express or implied, for
an employer.
(SCC 69 § 1, 1972)
"Strike" means any concerted act of employees in lawful refusal
of such employees under applicable state or federal law to perform
work or services for an employer.
(SCC 69 § 1, 1972)
"Lockout" means any refusal by an employer to permit his employee
to work as a result of a dispute with such employees affecting wages,
hours or other terms or conditions of employment of said employees.
(SCC 69 § 1, 1972)
a.
"Professional
strikebreaker" means any person:
1.
Who
has not been continuously a resident of the County for a period of
at least six months immediately prior to the beginning of a strike
or lockout; and
2.
Who
during the period of five years immediately preceding the acts described
in subdivision (a)(3) of this section 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
for the purpose of replacing an employee or employees involved in
said strike or lockout; and
3.
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 said strike
or lockout.
b.
As used
in this section "repeatedly" means on 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.
(SCC 69 § 1, 1972)
a.
It is
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 with the County.
b.
It is
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 with the County.
(SCC 69 § 1, 1972)
Any person, partnership, firm, corporation, association or other entity, or officer or agent thereof, violating any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 1.01.190.
(SCC 69 § 1, 1972)
