by Stats. 1976, Ch. 1057.)
1128. (a) Where a party to a collective bargaining agreement prevails in a court action to compel arbitration of disputes concerning the collective bargaining agreement, the court shall award attorney’s fees to the prevailing party unless the other party has raised substantial and credible issues involving complex or significant questions of law or fact regarding whether or not the dispute is arbitrable under the agreement.
If the dispute is later found to be not arbitrable under the collective bargaining agreement, any award made pursuant to this subdivision shall be vacated and those sums paid to satisfy the award shall be reimbursed to the payor.
(b) Where a party to a collective bargaining agreement appeals the decision of an arbitrator regarding disputes concerning the collective bargaining agreement, the court shall award attorney’s fees to the prevailing appellee unless the appellant has raised substantial issues involving complex or significant questions of law.
(c) Where a party to a collective bargaining agreement prevails in a court action to compel compliance with the decision or award of an arbitrator or a grievance panel regarding disputes concerning the collective bargaining agreement, the court shall award attorney’s fees to the prevailing party unless the other party has raised substantial issues involving complex or significant questions of law.
(d) This section shall not apply to public employment.
(Amended by Stats. 1986, Ch. 1211, Sec. 2.)
CHAPTER 8. Professional Strikebreakers [1130–1136.2]
(Chapter 8 repealed and added by Stats. 1976, Ch. 1079.)
ARTICLE 1. Findings and Declarations [1130–1130.]
(Article 1 added by Stats. 1976, Ch. 1079.)
1130. The Legislature hereby makes the following 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 replacements 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.
(Added by Stats. 1976, Ch. 1079.)
ARTICLE 2. Definitions [1132–1133]
(Article 2 added by Stats. 1976, Ch. 1079.)
1132. Unless provided otherwise, the definitions in this article govern the construction of this chapter.
(Added by Stats. 1976, Ch. 1079.)
1132.2. “Employer” means a person, partnership, firm, corporation, association, or other entity, which employs any person or persons to perform services for a wage or salary, and includes any person, partnership, firm, corporation, limited liability company, association or other entity acting as an agent of an employer, directly or indirectly.
(Amended by Stats. 1994, Ch. 1010, Sec. 180. Effective January 1, 1995.)
1132.4. “Employee” means any person who performs services for wages or salary under a contract of employment, express or implied, for an employer.
(Added by Stats. 1976, Ch. 1079.)
1132.6. “Strike” means 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.
(Added by Stats. 1976, Ch. 1079.)
1132.8. “Lockout” means any refusal by an employer to permit any group of five or more employees to work as a result of a dispute with such employees affecting wages, hours or other terms or conditions of employment of such employees.
(Added by Stats. 1976, Ch. 1079.)
1133. “Professional strikebreaker” means 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:
(1) Who during a period of five years immediately preceding the acts described in subdivision (2) of this section has offered himself and has been accepted on repeated occasions to two or more 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 such strike or lockout, and
(2) Who currently offers himself to an 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 such strike or lockout.
As used in this section:
(a) “Repeated occasions” means on three or more occasions (exclusive of any current offer for employment in connection with a current strike or lockout).
(b) “Employment for the duration of such strike or lockout” includes employment for all or part of the duration of such strike or lockout; and, in connection therewith, includes services during all or part of such strike or lockout which began no more than one month prior to the initiation thereof, or, in the alternative, which concluded not later than one month after the termination of such strike or lockout.
(c) “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, partnership, firm, corporation, association or other entity.
(d) “Supervisorial personnel” means those employees who have the authority to hire, fire, reward, or discipline other employees of the employer, or who have a history of having had the authority to effectively recommend such action.
(Added by Stats. 1976, Ch. 1079.)
ARTICLE 3. Professional Strikebreakers [1134–1134.2]
(Article 3 added by Stats. 1976, Ch. 1079.)
1134. It shall be 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.
(Added by Stats. 1976, Ch. 1079.)
1134.2.
