BULLET St. Louis City Revised Code Chapter 15.158 Division IX Conduct at Strikes

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Chapter 15.158
Conduct at Strikes 


15.158.010 Policy declaration.
15.158.020 Definitions.
15.158.030 Unlawful conduct.
15.158.040 Penalty for violation.

15.158.010 Policy declaration.

It shall be the policy of the City to protect the safety, convenience, and peaceful enjoyment of the residents, visitors, and tourists of the City by having citizens knowledgeable about their rights, statutes and circumstances of their place of work or patronage.
(Ord. 62200 1, 1991.)

15.158.020 Definitions.

When used in this chapter, the following terms shall have the following meanings:

A. "Employee" means any person who performs services for wages or salary under a contract of employment, expressed or implied, for an employer.

B. "Employer" means any individual, partnership, or corporation who employs any employee to perform services for a wage or salary and includes any agent of any employer acting directly or indirectly.

C. "Employment agency" means any person, organization or agency, public or private, that solicits or refers persons to employment positions.

D. "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.

E. "Lockout" means a refusal by an employer to permit his 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 termination of employment for reasons deemed proper under Missouri State and Federal Law.

F. "Replacement employee" means any individual hired for the purposes of replacing either permanently or temporarily an employee who is currently engaged in a lawful strike or who is locked out by his or her employer.

G. "Strike" means any concerted act 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 Missouri State or Federal Law, and if the employees are represented by a labor organization, that the said labor organization shall have approved or sanctioned the act.

H. "Strikebreaker" means any person who customarily and repeatedly offers himself or herself for employment for the duration of a strike or lockout in the place of an employee involved in a strike or lockout.
(Ord. 62200 2, 1991.)

15.158.030 Unlawful conduct.

A. It shall be unlawful for any employer to solicit any strike replacement employee for hire or employ or pay wages to any strike replacement employee unless all the employment solicitations or advertisements clearly disclose that the jobs available are for strike replacement employment.

If an employer solicits any strike replacement employee through an employment agency or other agent, and fails to notify such employment agency or agent in writing to advise the prospective employees that it is soliciting for strike replacement employment, the employer shall be liable under this chapter for any failure by the employment agency or other agent to disclose that the jobs available are for strike replacement employment.

B. It shall be unlawful for any employer to hire or pay wages to any person hired as a strike replacement employee unless that person first signs an affidavit disclosing the fact that he or she realizes that he or she is being hired as a strike replacement. Such affidavit must be filed by the employer with the Director of Public Safety within forty-eight (48) hours of such employment of strike replacement employee.
(Ord. 62200 3, 1991.)

15.158.040 Penalty for violation.

Each violation as to each employee hired under subsection B of Section 15.158.030, the unlawful conduct section of this chapter by an employer shall be construed as a separate and succeeding offense. Each day or part thereof of violation by an employer under subsection A of Section 15.158.040, the unlawful conduct section of this chapter, whether such violation be continuous or intermittent, shall be construed as a separate and succeeding offense. Each separate violation by an employer under subsections A or B of Section 15.158.030 shall carry a penalty of five hundred ($500.00) dollars.
(Ord. 62200 4, 1991.)

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