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The construction or rehabilitation of new large-scale real estate development projects in the city, especially in conjunction with other market forces, results in lost employment opportunities for Boston’s low or moderate income residents who have their existing employment or promotional opportunities diminished, or who are unable to successfully compete for new employment opportunities resulting from such construction or rehabilitation. The existence of such unemployment or underemployment in the city constitutes a serious and growing menace, injurious and inimical to the safety, health, morals and welfare of the residents of the city and sound growth of the city; and the existence of such lack of adequate employment opportunities contributes substantially to crime necessitating excessive and disproportionate expenditure of public funds for the preservation of the public health and safety, for crime prevention, correction, prosecution, punishment and the treatment of juvenile delinquency and for the maintenance of adequate Police, fire and accident protection and other public services and facilities, which constitutes an economic and social liability, substantially impairs or arrests the sound growth of the city. Because of the economic and social interdependence of different areas within the city, the full employment of all those who can and wish to work not only in the “downtown” commercial areas but also in decadent areas is necessary in order to: promote the sound growth of the city; to achieve permanent and comprehensive elimination of existing slums and substandard and decadent conditions; and to prevent the recurrence of such substandard or decadent conditions or their development in other parts of the city; and the abandonment of existing industries and employment opportunities in such areas exacerbates decadent or substandard conditions; and the menace of underemployment or unemployment is beyond remedy and control solely by the regulatory process in the exercise of the police power and such menace has not been dealt with effectively by the ordinary operations of private enterprise. Limited public resources require that government dollars for job training, re-training, adult literacy and job counseling programs be highly leveraged by private investment; and the development of employment training and employment opportunities eliminating underemployment and unemployment in the city is a public use and purpose for which public money may be expended; and the aforesaid conditions have not been corrected by the ordinary operations of private enterprise in a regulated market; now, the following is declared to be in the public interest.
(CBC 1985 12-11.1; Ord. 1987 c. 11 Preamble)
The Collector-Treasurer shall establish the “Neighborhood Jobs Trust”, which trust shall be established in the form and manner of the attached Declaration of Trust. Subject to approval by the Boston City Council and the Mayor, the Neighborhood Jobs Trust is hereby authorized to accept and expend any and all funds contributed to it consistent with the purposes of the attached Declaration of Trust.
(CBC 1985 12-11.2; Ord. 1987 c. 11 § 1 T12)
Editor’s note:
The text of the Declaration of Trust is on file in the Office of the City Clerk.
Editor’s note:
This Section (Chapter 8 of 1990) was found to be unconstitutional and preempted by federal laws, by judgment of the United States District Court for the District of Massachusetts, dated March 23, 1992, in the case of Greater Boston Chamber of Commerce v. City of Boston, 778 F. Supp. 95 (1991).
It shall be the policy of the city in accordance with the provisions of M.G.L. Chapter 40 Section 21 to regulate the conduct of employers who attempt to replace employees who are members of or are associated with a labor organization in order to protect the safety, convenience and peaceful enjoyment of the residents, visitors and tourists of the city.
(CBC 1985 12-12.1; Ord. 1990 c. 8 § 1)
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMPLOYEE. Any person who performs services for wages or salary under a contract of employment, express or implied, for an employer.
EMPLOYER. 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.
LABOR ORGANIZATION. 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.
LOCKOUT. 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 termination of employment for reasons deemed proper under commonwealth and federal law.
REPLACEMENT WORKER. Any individual hired for the purpose 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.
STRIKE. 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 commonwealth 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.
STRIKEBREAKER. 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.
(CBC 1985 12-12.2; Ord. 1990 c. 8 § 2)
(A) It shall be unlawful in the city for any employer willfully and knowingly to employ any strikebreaker to replace employees who are either on strike against or locked out by such employer.
(B) It shall be unlawful in the city for any employer not directly involved in a strike or lockout to recruit, secure or offer to secure employment for any strikebreaker or any replacement worker where it is found that such action is likely to cause a threat to the public safety, violence or harm to persons or property.
(C) It shall be unlawful in the city for any employer to employ one or more replacement workers, where it is found that such hiring of replacement workers is likely to cause a threat to the public safety, violence or harm to persons or property.
(D) The findings required under divisions (B) and (C) above shall be satisfied either by:
(1) Deployment by the Boston Police Department of detail Officers or regular Officers in order to preserve the public peace, prevent violence, prevent intimidation or prevent threats to the public safety in association with a strike or a lockout; or
(2) A determination by the Police Commissioner that one or more actions taken in association with hiring replacement workers is likely to cause a threat to the public peace or public safety, violence, intimidation or harm to persons or property.
(CBC 1985 12-12.3; Ord. 1990 c. 8 § 3) Penalty, see Subsection 12-12.4
In accordance with the provisions of M.G.L. Chapter 50, Section 21, the Police Commissioner of the city shall enforce the provisions of this Section. Each strikebreaker or replacement worker employed, recruited or secured for employment, and each attempt or offer to recruit or secure employment, in violation of any provision of Subsection 12-12.3, shall be construed as a separate and succeeding offense. Each day or part thereof of violation of any provision of Subsection 12-12.3, whether such violation be continuous or intermittent, shall be construed as a separate and succeeding offense. Each violation shall carry a penalty of $200.
(CBC 1985 12-12.4; Ord. 1990 c. 8 § 4)
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