Sacramento Municipal Code Ch. 9.36 Professional Strikebreakers

The city council does find and determine 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, frustrate collective bargaining and encourage violence and disorder. (Prior code § 26.01.065)

As used in this section, the following words and phrases, unless provided otherwise, have the following definitions:

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

"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.

"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.

"Employment for the duration of such strike or lockout" includes employment for all or part of the duration of such strike or lockout.

"Lockout" means any refusal by an employer to permit his or her employees to work as a result of a dispute with such employees affecting wages, hours or other terms or conditions of employment of such employees.

"Professional strikebreaker" means any person:

1. Who during the period of five years immediately preceding the acts described in subsection 2 of this definition has repeatedly offered himself or herself 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 such strike or lockout; and

2. Who currently offers himself or herself to an employer, other than his or her present 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 such strike or lockout. A professional strikebreaker shall not include a relative of an employer.

"Repeatedly" means two or more occasions, exclusive of any current offer for employment in connection with a current strike or lockout.

"Strike" means any concerted act of employees in a lawful refusal of such employees under applicable state or federal law to perform work or services for an employer. (Prior code §§ 26.01.066-26.01.071)

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 within the city.

B. It is unlawful for any professional strikebreaker willingly and knowingly to offer himself or herself for employment or to replace, an employee or employees involved in a strike or lockout at a place of business located within the city. (Prior code § 26.01.072)

Any person, partnership, firm, corporation, association or other entity, or officer or agent thereof, violating any provision of this chapter shall be deemed guilty of an infraction. (Prior code § 26.01.073)