Susanville Municipal Code Ch. 5.08 Labor Relations

The following words and phrases when used in this chapter shall for the purpose of this chapter have the meanings respectively ascribed to them by this section:

“Bona fide members,”

for the purpose of Sections 5.08.030 and 5.08.050 of this code, means members of the labor organization in good standing in accordance with the rules and regulations of such labor organization.

"Boycott"

means any act or effort by a labor organization or person representing or purporting to represent a labor organization to persuade or coerce others from dealing or doing business with an employer, or, that is intended to or does result in the refusal by any person to deal or do business with an employer.

“Employee,”

for the purpose of Sections 5.08.030 and 5.08.050 of this code, means a person working at a trade or occupation coming within the classification of work over which the labor organization, requesting negotiations or the execution of an agreement, is given jurisdiction by its charter.

"Employer"

means any person owning, operating or conducting a place of business in the city and includes any persons acting in the interest of an employer, directly or indirectly, and any association of employers.

"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.

“Picket” and “picketing”

means any patrolling, walking, display of banner, sign, newspaper or similar device, by a person representing, or purporting to represent, or acting on behalf of a labor organization, (1) which is intended to or does result in the refusal of any member of any labor organization to patronize, deal with or enter the place of business of any employer whether or not such refusal is pursuant to any rule, regulation or agreement among the members of a labor organization, or (2) as a means of communicating to members of labor organizations the fact that a boycott has been instituted against any employer, or (3) which is intended to or does prevent a member of any labor organization from patronizing, dealing with or entering the place of business of any employer.

(Prior code § 10.1)

It is unlawful for any employer, except under the conditions set forth in Sections 5.08.030 and 5.08.050 of this code to:

A. Discharge or agree to discharge any employee because of such employee's membership or nonmembership in a labor organization;

B. Discharge or agree to discharge any employee because such employee refuses to join or withdraw from membership in a specific labor organization;

C. Discharge or agree to discharge any employee because such employee refuses to designate a specific labor organization as his agent to negotiate the terms and conditions of his employment;

D. Make membership or nonmembership in a labor organization a condition of employment;

E. Negotiate the terms and conditions of employment of any employee with an agent which has not been designated by such employee as his agent.

(Prior code § 10.2)

It shall not be a violation of Section 5.08.020 of this code for an employer to do the following:

A. Negotiate the terms and conditions of employment of his or her employees with a labor organization if, at the time such labor organization requests such negotiations, a majority of such employees are bona fide members of such labor organizations, or have, within 30 days prior to such request authorized, in writing, such labor organization to negotiate the terms and conditions of their employment with the employer;

B. Execute and abide by the terms of a written agreement wherein the employer agrees to retain in his or her employ, or employ, only members of a specific labor organization, or, that his or her employees shall become and remain members of a specific labor organization if, at the time of the request for the execution of the contract, 75% or more of his or her employees are bona fide members of such labor organization.

(Prior code § 10.3)

It is unlawful for any person to picket or boycott, by any manner or means whatsoever, either directly or indirectly, any employer for either of the following purposes:

A. To induce, coerce or compel such employer to violate any provisions of Section 5.08.020 of this code, or to cause such employer any loss or damage because of such employer's refusal to violate any provision of Section 5.08.020 of this code;

B. To induce, coerce or compel any employee of such employer to join or withdraw from any labor organization or to designate a specific labor organization as his or her agent to negotiate the terms and conditions of his or her employment.

(Prior code § 10.4)

It shall not be a violation of Section 5.08.040 of this code for any person to do the following:

A. Picket or boycott an employer to induce, coerce or compel such employer to negotiate the terms and conditions of employment of his or her employees with such labor organization if, at the time of the request for such negotiations, a majority of such employees are bona fide members of such labor organization, or have, within 30 days prior to such request authorized, in writing, such labor organization to negotiate the terms and conditions of their employment with the employer;

B. Picket or boycott an employer to induce, coerce or compel such employer to execute such written agreement if, at the time of the request for the execution thereof, 75% or more of the employees of such employer are bona fide members of such labor organization.

(Prior code § 10.5)