Section 295.200

Title XVIII LABOR AND INDUSTRIAL RELATIONS

Chapter 295

Effective - 28 Aug 1947   

  295.200.  Unlawful acts — penalties — enforcement of provisions. — 1.  It shall be unlawful for any person, employee, or representative as defined in this chapter to call, incite, support or participate in any strike or concerted refusal to work for any utility or for the state after any plant, equipment or facility has been taken over by the state under this chapter, as means of enforcing any demands against the utility or against the state.

  2.  It shall be unlawful for any public utility to employ any person or employee who has violated subsection 1 except that such person or employee may be employed only as a new employee.

  3.  Any labor organization or labor union which violates subsection 1 shall forfeit and pay to the state of Missouri for the use of the public school fund of the state, the sum of ten thousand dollars for each day any work stoppage resulting from any strike which it has called, incited, or supported, continues, to be recovered by civil action in the name of the state and against the labor organization or labor union in its commonly used name.

  4.  Any officer of any labor organization or labor union representing employees of public utilities who participates in calling, inciting or supporting any strike in violation of subsection 1 shall forfeit and pay to the state of Missouri, for the use of the public school fund of the state, the sum of one thousand dollars to be recovered by civil action in the name of the state and against such officer.

  5.  Any public utility that engages in a lockout which brings about a work stoppage shall forfeit and pay to the state of Missouri, for the use of the public school fund of the state, the sum of ten thousand dollars for each day of work stoppage caused by such lockout, said amount to be recovered by civil action in the name of the state and against the public utility; provided further, that if, upon any investigation, supported by competent evidence, by the state board of mediation, it shall appear that any public utility has refused to bargain collectively in good faith with its employees over the terms and conditions of employment, said state board of mediation shall certify such record and proceedings to the public service commission, and, upon consideration of the facts in such record and proceedings the public service commission shall find that the evidence justifies such action, it may revoke the certificate of convenience and necessity of such public utility, or impose such other conditions upon such public utility as may be provided by law.  Any such action by said public service commission shall be subject to review in the courts of this state in the same manner as other orders or decisions of said commission.

  6.  The courts of this state shall have power to enforce by injunction or other legal or equitable remedies any provision of this chapter or any rule or regulation prescribed by the governor hereunder.

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(L. 1947 V. I p. 358 § 21)