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.