City of Rochester, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Rochester City Council 5-22-1962. Amendments noted where applicable.]
As used in this chapter, the words and phrases have the following meaning:
A LOCKOUT
Shall be defined hereunder as a refusal by an employer to permit his or her employees to work as a result of a dispute with such employees that affects wages, hours, and other terms and conditions of employment of said employees, provided, however, that a lockout shall not include a definition of employment for reasons deemed proper under New York State and Federal Law.
[Amended 2-14-2006 by Ord. No. 2006-22]
A STRIKE
Shall be defined hereunder as any concerted acts of the employees in a lawful refusal of the employees to perform work or services for the employer, provided Such acts are not recognized as unlawful under New York State and Federal Law, and, if the employees are represented by a labor organization, that the said labor organization shall have approved or sanctioned the acts.
EMPLOYEE
Shall mean any person who performs services for wages or salary under a contract of employment, express or implied, for an employer.
EMPLOYER
Shall mean a person, firm or corporation who employs any employee to perform services for a wage or a salary and includes any person, firm or corporation acting as an agent of any employer, directly or indirectly.
LABOR ORGANIZATION
Means any organization of any kind, or any agency or employee representation committee or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning  grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
STRIKEBREAKER
Shall mean any person who offers himself or herself for employment for the duration of a strike or lockout, in place of employees involved in a strike or lockout.
[Amended 2-14-2006 by Ord. No. 2006-22]
It shall be unlawful within the City of Rochester for any employer to willfully and knowingly employ any strikebreaker to replace employees who are either on strike against or locked out by the said employer.
Any violation of this chapter shall be a misdemeanor and punishable upon conviction thereof by a fine of not less than $25 nor more than $150 and, in the discretion of the court, by imprisonment of not more than 150 days, or both.
If any section, subsection, sentence, clause or provision contained in this chapter is held invalid by a court of competent jurisdiction, the remainder shall not be affected.