The Council of the City of Tacoma does hereby find, determine and declare that relations between organized labor and management in the City of Tacoma have for many years been based on the principles of good faith, collective bargaining and a mutual respect for the rights, interest, and well-being of working people and of business and industry, and the importation or use in this City of professional strikebreakers as replacements during a strike or lockout is not in keeping with this relationship and endangers such sound and beneficial relationships between labor, management and industry.
The utilization of professional strikebreakers in labor disputes is inimical to the public welfare and good order of the community in that such practice tends to produce and prolong industrial strife, interfere with proper collective bargaining and, in many instances, encourages violence, crimes and other disorders and that the enactment of this chapter is necessary and proper under the police power granted to cities, such as Tacoma.
(Ord. 19066 § 1, 1970-03-31)
As used in this chapter, the following words and phrases shall mean and include:
"Employee."
Any person who performs services for wages or salary under a contract of employment, express or implied, for any employer.
"Employer."
A person, firm or corporation who employs any employee to perform services for a wage or salary and includes any person, firm or corporation acting as an agent of any employer, directly or indirectly.
"Labor organization."
The duly certified bargaining representative of the employees of a given employer.
"Lockout."
A lawful refusal by an employer to permit his employees to work as a result of and during a dispute with such employees that affects wages, hours and other terms and conditions of employment.
"Professional strikebreaker."
Any person who customarily and repeatedly offers himself for employment for the duration of a strike or lockout in the place of employees involved in a strike or lockout. As used in this definition, "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" shall include 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, partnership, firm, corporation, association or other entity.
"Strike."
Any lawful, concerted act of employees, represented by a labor organization, refusing to perform work for an employer.
(Ord. 19066 § 1, 1970-03-31)
It shall be unlawful for any person, firm or corporation not directly involved in a labor strike or lockout to recruit any person or persons for employment, or to secure or offer to secure for such person or persons any employment, when the purpose of such recruiting, securing or offering to secure employment, is to have such persons take the place in employment of employees in a business owned by a person, firm or corporation involved in a labor strike or lockout, or to have such persons act as pickets of a business owned by a person, firm or corporation where a labor strike or lockout exists; provided, that this section shall not apply to activities and services offered by or through the Washington Employment Security Department.
(Ord. 19066 § 1, 1970-03-31)
It shall be unlawful for any person, firm, or corporation, including a licensed employment agency, to transport or arrange to transport to the City of Tacoma any person with knowledge and intent that the person transported is being transported for the purpose of offering his services as a strikebreaker.
(Ord. 19066 § 1, 1970-03-31)
Any person violating the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $500.00 or imprisonment in the Pierce County Jail for not more than six months, or both such fine and imprisonment.
(Ord. 19066 § 1, 1970-03-31; Ord. 22600 § 66, 1981-12-29)
If any provision of this chapter or the application of such provision to any person or circumstances shall be held invalid, the validity of the remainder of this chapter and the applicability of such provision to other persons or circumstances shall not be affected thereby.
(Ord. 19066 § 1, 1970-03-31)