H. B. 2125
(By Delegates Prunty and Tillis)
[Introduced January 23, 1995; referred to the
Committee on Industry and Labor then the Judiciary.]
A BILL to amend chapter twenty-one of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article eleven-a, relating
to labor and labor disputes; specifying certain prohibited
practices during labor disputes; and providing criminal
penalties.
Be it enacted by the Legislature of West Virginia:
That chapter twenty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article eleven-a, to
read as follows:
ARTICLE 11A. STRIKEBREAKERS PROHIBITED.
§21-11A-1. Definitions.
(a) When used in this article, "employer" includes any
partnership, association, corporation, or officer thereof, or
individual or person acting as an agent of an employer, directly
or indirectly, employing any person, but does not include the
United States or any wholly owned United States government
corporation, or any federal reserve bank, or the state of West
Virginia or any political subdivision or agency thereof.
(b) "Strikebreaker" means any person who at least twice
during the previous twelve-month period has accepted employment
for the duration of a strike or a lockout in place of employees
who are involved in a strike or lockout of a specific employer,
but does not include any supervisory or other permanent employee
of the employer who is temporarily assigned to perform the duties
of an employee involved in a strike or lockout or other permanent
or contractual employee whose services are necessary to ensure
that the plant or other property of the employer involved in the
strike or lockout is properly maintained and protected for the
resumption of normal operations at any time.
§21-11A-2. Labor dispute recruitment.
(a) No employer may knowingly employ or contract with
another to employ any strikebreaker to replace employees who are
on strike against the employer or locked out by it.
(b) No person who is not directly involved in a strike or
lockout may recruit any strikebreaker for employment or secure or
offer to secure employment for any strikebreaker when the purpose
thereof is to have the strikebreaker replace an employee in an
industry or establishment where a strike or lockout exists.
(c) No person, including a licensed employment agent, may
transport or arrange to transport to this state any strikebreaker
to be engaged in employment for the purpose of replacing
employees in an industry or establishment where a strike or
lockout exists.
§21-11A-3. Advertising for employees; referrals; notice of labor
dispute.
It is unlawful for any person, partnership, agency, firm or
corporation, or officer or agent thereof, knowingly to recruit,
solicit or advertise for employees or refer persons to employment
in place of employees involved in a labor dispute without
adequate notice to the person or in the advertisement that there is a labor dispute at the place at which employment is offered
and that the employment offered is in place of employees involved
in the labor dispute.
§21-11A-4. Offenses, penalties; jurisdiction.
Any employer, as defined in this article, or person, who
violates any provisions of this article, is guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not
less than one hundred nor more than one thousand dollars for each
offense, or the employer or any member of a firm, or the officer
or agent of any corporation, so acting as an agent for an
employer may be imprisoned not less than thirty days nor more
than six months, or both fined and imprisoned.
NOTE: The purpose of this bill is to prohibit the use of
strikebreakers during a strike or lockout.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
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