H. B. 2186
(By Delegates Stewart and Moore)
[Introduced February 18, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend chapter sixty-one of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article six-a, relating to
prohibiting the employment of professional strikebreakers to
replace employees involved in a labor dispute; prohibiting
certain employment, recruiting and advertisement; and
prescribing criminal penalties for violations.
Be it enacted by the Legislature of West Virginia:
That chapter sixty-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 six-a, to
read as follows:
ARTICLE 6A. REPLACEMENT OF EMPLOYEES ENGAGED IN STRIKE OR
LOCKOUT.
§61-6A-1. Definitions.
As used in this article:
(1) "Lockout" means a cessation of the furnishing of work toemployees or a withholding of work from them in an effort to
obtain for the employer more desirable terms;
(2) "Person" means one or more individuals, labor
organizations, partnerships, associations, corporations, legal
representatives, trustees, trustees in bankruptcy and receivers;
and
(3) "Strike" means any concerted stoppage of work by
employees, including a stoppage by reason of the expiration of a
collective bargaining agreement.
§61-6A-2. Replacement of certain persons in employment.
It is unlawful for any employer involved in a strike or
lockout knowingly to employ in place of an employee involved in
such strike or lockout any person who customarily and repeatedly
offers himself for employment in the place of employees involved
in a strike or lockout.
§61-6A-3. Recruitment of certain persons for employment.
It is unlawful for any employer involved in a strike or
lockout to recruit, advertise for or procure or to attempt to
recruit, advertise or procure for employment any person who
customarily and repeatedly offers himself for employment in the
place of employees involved in a strike or lockout.
§61-6A-4. Recruitment of certain persons for employment by
persons not directly involved in a strike or
lockout.
It is unlawful for any person to recruit, advertise for,
procure, supply or refer any person for employment in place of anemployee involved in a strike or lockout in which such person is
not directly involved.
§61-6A-5. Penalties.
Any person violating any provision of this article is guilty
of a misdemeanor, and, upon conviction thereof, shall be fined
not more than one thousand dollars, or imprisoned in the county
jail not more than one year, or both fined and imprisoned.
NOTE: This bill makes unlawful the employment of
professional strikebreakers, or for any person to regularly offer
himself for employment as a strikebreaker, and prescribes
penalties.
This is a new article; therefore, strike-throughs and
underscoring have been omitted.
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