Professional Strikebreakers under the California Labor Code

The use of “professional strikebreakers” is prohibited in the State of California. The law addressing professional strikebreakers is contained in Article 1 of Chapter 8 of Part 3 of Division 2 of the California Labor Code.

Section 1130 sets forth the following legislative findings and declarations: “Relations between organized labor and management in this state have for many years been marked by a mature adherence to the principles of good faith, collective bargaining and mutual respect for the rights, interest and well-being of working people, business and industry. The importation or use in this state of professional strikebreakers as repla0cements during a strike or lockout endangers such sound and beneficial relations between labor and management.

“Experience in this state and in other parts of this country demonstrates that the utilization of professional strikebreakers in labor disputes is inimical to the public welfare and good order, in that such practices tend to produce and prolong industrial strife, frustrate collective bargaining and encourage violence, crimes and other disorders. The aforementioned evils are beyond the regulation of applicable federal law, and the mitigation and correction thereof requires the exercise of the police power of this state.”

Section 1132 states the definitions contained in this law govern its construction. Section 1132.2 defines “employer” and Section 1132.4 defines “employee” to be any person who performs services for wages or salary under a contract of employment, express or implied, for an employer.

Section 1132.6 defines the term “strike” to mean any concerted act of more than 50 percent of the bargaining unit employees in a lawful refusal of such employees under applicable state or federal law to perform work or services for an employer, other than work stoppages based on conflicting union jurisdictions or work stoppages unauthorized by the proper union governing body.

Section 1132.8 defines the term “lockout” to mean any refusal by an employer to permit any group of five or more employees to work as a result of a dispute with those employees affecting wages, hours or other terms or conditions of employment of such employees.

Section 1133 defines the term “professional strikebreaker” to mean any person other than supervisorial personnel who have been in the employ of the employer before the commencement of the strike or lockout or members of the immediate family of the owner of the place of business who (1) has worked for two or more employers during a strike or lockout, or (2) who offers themselves to an employer who has a strike or lockout in progress. The terms “repeated occasions,” “employment for the duration of such strike or lockout,” “employment,” and “supervisorial personnel” are defined.

Section 1134 states that it is unlawful for any employer willingly and knowingly to utilize any professional strikebreaker to replace an employee or employees involved in a strike or lockout at a place of business located within this state.

Section 1134.2 states that it is unlawful for any professional strikebreaker willingly and knowingly to offer himself for employment or to replace an employee or employees involved in a strike or lockout at a place of business located within this state.

Section 1136 provides that anyone who violates this law is to be fined no more than $1,000 or be imprisoned for no more than 90 days, or both, upon conviction. Section 1136.2 is a severability clause.