It shall be unlawful for any person to:
   (a)   Discriminate in regard to hiring or terms or conditions of employment in order to encourage or discourage membership in a labor organization. This subdivision does not prohibit an employer from entering into an agreement with an exclusive bargaining representative and to require as a condition of employment that all employees in the bargaining unit pay to the exclusive bargaining representative a service fee equivalent to the amount of dues uniformly required of members of the exclusive bargaining representative;
   (b)   Offer or grant the status of a permanent replacement employee to an individual for performing bargaining unit work for the employer during a strike legally undertaken, or otherwise offer or grant an individual any employment preference based on the fact that the individual was employed or indicated a willingness to be employed during a strike legally undertaken over an individual who meets all of the following requirements:
      (1)   Was an employee of the employer at the commencement of the strike legally undertaken.
      (2)   Has exercised the right to join, assist, or engage in other protected concerted activities for the purpose of collective bargaining or other mutual aid or protection through the labor organization involved in the strike.
      (3)   Is working for, or has unconditionally offered to return to work for the employer.
   (c)   Cause or attempt to cause an employer to discriminate against an employee in violation of subsection (a) hereof.
(Ord. 3249, passed 9-27-1993)