LD 71
pg. 2
Page 1 of 3 An Act to Ban Strikebreakers Page 3 of 3
Download Bill Text
LR 116
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.


Page 1 of 3 Top of Page Page 3 of 3