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Stockton Municipal Code

Chapter 5 - PUBLIC WELFARE, MORALS AND POLICY

Part V
MISCELLANEOUS WELFARE, MORALS AND POLICY REGULATIONS

Division 12
PICKETING, BESETTING, ASSEMBLING, ETC.


SEC. 5-106. PICKETING ACCOMPANIED BY COERCION, THREATS, INTIMIDATION, ETC. — UNLAWFUL:

It shall be unlawful in the City of Stockton for any person to beset or picket the premises of another, or any approach thereto, where any person is employed or seeks employment, or any place or approach thereto where such employee or person seeking employment lodges or resides, for the purpose of inducing such employee or person seeking employment, by means of compulsion, coercion, intimidation, threats, acts of violence, or fear, to quit his or her employment or to refrain from seeking or freely entering into employment.

SEC. 5-106.1. SAME:

It shall be unlawful in the City of Stockton for any person to beset or picket the premises of another, or any approach thereto, for the purpose of inducing others, by means of compulsion, coercion, intimidation, threats, acts of violence, or fear, to refrain from entering such premises, or to refrain from patronizing, negotiating with or transacting business with the owner or occupant of such premises.

SEC. 5-106.2. SAME:

It shall be unlawful in the City of Stockton for any person, in association or agreement with one or more persons, to assemble, congregate, or meet together in the vicinity of any premises where other persons are employed or seek employment, or upon the streets, highways, approaches or places adjacent thereto, for the purpose of inducing such employees or persons seeking employment, by means of compulsion, coercion, intimidation, threats, acts of violence or fear, to quit his or her employment or to refrain from seeking or freely entering into employment.

SEC. 5-106.3. SAME:

It shall be unlawful in the City of Stockton for any person, in association or agreement with one or more persons, to assemble, congregate or meet together in the vicinity of the premises of another, or upon the streets, highways or approaches thereto, for the purpose of inducing others, by means of compulsion, coercion, intimidation, threats, acts of violence or fear, to refrain from entering such premises, or to refrain from patronizing, negotiating with or transacting business with the owner or occupant of such premises.

SEC. 5-107. INDECENT OR OPPROBRIOUS EPITHETS, LANGUAGE — UNLAWFUL:

It shall be unlawful in the City of Stockton for any person to utter to, or within the hearing of, another, any derogatory, indecent, opprobrious epithets or language, or to make any loud or unusual noise, or to speak in a loud or unusual tone, or to cry out or proclaim, or to use any gestures for the purpose of inducing any person, by means of compulsion, coercion, intimidation, threats, acts of violence, or fear, to quit his or her employment or to refrain from seeking or freely entering into employment, or to refrain from patronizing, negotiating with, or transacting business with any other person.

SEC. 5-108. PEACEFUL PICKETING — NOT UNLAWFUL:

Nothing herein contained shall be deemed or held to prohibit peaceable picketing, nor to prohibit labor from attempting to accomplish its aims in trade disputes by other peaceable means, including collective bargaining.

SEC. 5-108.1. LEGISLATIVE FINDING:

The City Council does hereby find and determine that the employment of professional strikebreakers in labor disputes is contrary to the public interest and welfare in that such practices tend to produce and prolong industrial strife, frustrate collective bargaining and encourage violence and disorder.

(Added by Ordinance 2235-C.S. — Effective May 18, 1972)

SEC. 5-108.2. DEFINITIONS:

As used in this Division, the following words and phrases, unless provided otherwise, have the following definitions:

(1) "Employer" means a person, partnership, firm, corporation, or association, which employs any person or persons to perform services for a wage or salary and includes any person, partnership, firm, corporation, or association acting as an agent of an employer, directly or indirectly.

(2) "Employee" means any person who performs services for wages or salary under a contract of employment, express or implied, for an employer.

(3) "Strike" means any concerted act of employees in a lawful refusal of such employees under applicable state or federal law to perform work or services for an employer.

(4) "Lockout" means any refusal by an employer to permit his employees to work as a result of a dispute with such employees affecting wages, hours or other terms of conditions of employment of said employees.

(5) "Professional Strikebreaker" means any person:

(a) Who during the period of five (5) years immediately preceding the acts described in Subsection (5)(b) of this Section, has repeatedly offered himself to employers at whose places of business a strike or lockout was currently in progress, for employment for the duration of such strike or lockout for the purpose of replacing an employee or employees involved in said strike or lockout.

(b) Who currently offers himself to an employer, other than his present employer, at whose place of business a strike or lockout is presently in progress for employment for the purpose of replacing an employee or employees involved in said strike or lockout. A professional strikebreaker shall not include a relative of an employer.

(c) As used in this Section "repeatedly" means two or more occasions, exclusive of any current offer for employment in connection with a current strike or lockout; "employment for the duration of such strike or lockout" includes employment for all or part of the duration of such strike or lockout, and "employment" means services for an employer, whether compensated by wages, salary, or any other consideration not limited to the foregoing and whether secured, arranged or paid for by an employer or any other person.

(Sec. 5-108.2. Added by Ordinance 2235-C.S. — Effective May 18, 1972)

SEC. 5-108.3. UNLAWFUL CONDUCT:

(1) It is unlawful for any employer to willingly and knowingly utilize any professional strikebreaker to replace an employee or employees involved in a strike or lockout at a place of business located within the City of Stockton.

(2) It is unlawful for any professional strikebreaker to willingly and knowingly offer himself for employment to replace, or to replace an employee or employees involved in a strike or lockout at a place of business located within the City of Stockton.

(Added by Ordinance 2235-C.S. — Effective May 18, 1972)

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