LD 136
pg. 2
Page 1 of 3 An Act to Forbid Hiring Replacement Workers during a Strike Page 3 of 3
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LR 404
Item 1

 
Any employer who violates this subsection is subject to a civil
penalty not to exceed $10,000 for each day the violation
continues, payable to the State, to be recovered in a civil
action. Upon request, any court of competent jurisdiction shall
also enjoin the violation under section 5.

 
The Attorney General, the Commissioner of Labor or any employee,
employees or bargaining agent of employees involved in the labor
dispute may file a civil action to enforce this subsection.

 
4. Hiring off-site permitted. An employer involved in a
labor dispute, strike or lockout may perform hiring activities
prohibited under subsection 3 at any site other than his
customary plants, facilities, places of business or worksites
where a labor dispute, strike or lockout involving the employees
of that employer is in progress.

 
A. The employer must notify the law enforcement agencies of
the county and municipality in which these activities will
be conducted at least 10 days before commencing hiring
activities.

 
B. No employee of the employer conducting hiring activities
under this subsection and who is involved in the labor
dispute, strike or lockout may picket, congregate or in any
way protest the hiring activity of the employer within 200
feet of the building or structure at which such activities
are taking place. Violation of this paragraph is a Class E
crime.

 
5. Dangerous weapons prohibited. It is a Class D crime for
any person, including, but not limited to, security guards and
persons involved in a labor dispute, strike or lockout, to be
armed with a dangerous weapon, as defined in Title 17-A, section
2, subsection 9, at a site where applications for employment with
an employer involved in a labor dispute, strike or lockout are
being received or where interviews of those job applicants are
being conducted or where medical examinations of those job
applicants are being performed.

 
A. A person holding a valid permit to carry a concealed
firearm is not exempt from this subsection.

 
B. A security guard is exempt from this subsection to the
extent that federal laws or rules required the security
guard to be armed with a dangerous weapon at such a site.

 
C. A public law enforcement officer is exempt from this
subsection while on active duty in the public service.


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