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12-12.1   Policy.
   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)
12-12.2   Definitions.
   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)
12-12.3   Unlawful Conduct.
   (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
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