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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)
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)
(A) No employer, who employs 25 or more employees working at the same location, shall discharge or in anyway discriminate against an employee who is a parent or guardian of any child in kindergarten or grades one to 12, inclusive, for taking off up to three days each school calender to visit the school of the pupil(s), if the employee, prior to taking time off, gives clear and reasonable notice to the employer of the planned absence of the employee. An employee shall utilize existing vacation, personal leave or compensatory time off for purposes of this planned absence, unless otherwise provided by a collective bargaining agreement. The employee, if requested by the employer, shall provide documentation from the school as proof that he or she visited the school on a specific date and at a particular time. For purposes of this Subsection,
DOCUMENTATION shall mean whatever written verification of a parental visit the school deems appropriate and reasonable.
(B) Any employee who is discharged, demoted, threatened, suspended or in any other manner discriminated against in terms and conditions of employment by his or her employer because the employee has taken time off to visit the school or his or her child pursuant to the intent of this Section shall be immediately entitled to reinstatement and reimbursement of lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration or hearing authorized by law, shall be subject to a civil penalty in an amount equal to five times the amount of the employee’s lost wages and work benefits.
(CBC 1985 12-13.3; Ord. 1994 c. 13 § 3)
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