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(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)
The provisions of this Section shall be severable and if any one or more provisions, or parts or subparts thereof, shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction the decision of such court shall not affect or impair any of the remaining provisions or parts thereof.
(CBC 1985 12-12.6; Ord. 1990 c. 8 § 6)
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMPLOYER. The owner and/or proprietor of a business with 25 or more employees working at any same location.
PARENTS. The biological and/or adopted parents of a child attending the Boston Public Schools or a legal guardian of a child attending the Boston Public Schools.
PUPIL. Any child attending the Boston Public School System.
SCHOOLS. All public schools in the city funded entirely or partially by the city.
(CBC 1985 12-13.1; Ord. 1994 c. 13 § 1)
This Section would allow parents of school-aged pupils in kindergarten and grades one to 12 an opportunity to spend up to three days per year for school visits if the employee, prior to taking off, gives reasonable notice to the employer of the planned absence of the employee. The Section would require an employee to utilize existing vacation, personal leave or compensatory time off for purposes of this planned absence, unless otherwise provided by a collective bargaining agreement, and/or agreed upon by the employee and employer and, if requested by the employer, to provided documentation, as prescribed, from the school as proof of these visits. All employers, notwithstanding staff size, are encouraged to grant employees up to three days per year with pay.
(CBC 1985 12-13.2; Ord. 1994 c. 13 § 2)
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