LD 83
pg. 1
LD 83 Title Page An Act to Ban Permanent Replacement Workers in a Labor Dispute Page 2 of 2
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LR 1012
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 26 MRSA §595, as enacted by PL 1987, c. 558, §1, is amended
to read:

 
§595. Deterrence of violence during a labor dispute

 
1. Legislative findings. The Legislature finds that:

 
A. The practice of receiving applicants for employment,
conducting interviews of job applicants or performing
medical examinations of job applicants at the worksite of an
employer who is currently engaged in a labor dispute with
his employees tends to incite violence by bringing
individuals who may be considered as replacements for
workers to the physical focus of the labor dispute and by
encouraging a direct confrontation between these individuals
and the prior employees; and

 
B. The presence of persons carrying dangerous weapons near
sites where applications for positions with an employer
involved in a labor dispute are being accepted or where
interviews of those job applicants are being conducted or
medical examinations of those applicants are being performed
creates an unacceptable risk of violence; and

 
C. The public safety requires the regulation of these
practices to reduce the likelihood of violence.

 
2. Purpose. The purpose of this section is to reduce the
potential for violence during labor disputes by prohibiting
certain provocative acts and imposing penalties for failure to
obey this section.

 
3. Receiving job applicants at worksite prohibited. No
employer may perform any of the following acts at any of that
employer's plants, facilities, places of business or worksites
where a labor dispute, strike or lockout involving the employees
of that employer is in progress:

 
A. Receiving persons for the purpose of soliciting or
receiving applications for employment with the employer;

 
B. Conducting or having conducted interviews of applicants
for employment with the employer; or

 
C. Performing or having performed medical examinations of
applicants for employment with the employer.


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