CHAPTER 78

AN ACT TO AMEND TITLE 19, DELAWARE CODE, BY PROHIBITING ANY PERSON, FIRM OR CORPORATION, NOT DIRECTLY INVOLVED IN A LABOR STRIKE OR LOCKOUT FROM RECRUITING, SECURING OR OFFERING TO SECURE EMPLOYMENT FOR PERSONS TO TAKE THE PLACES OF EMPLOYEES WHERE A LABOR STRIKE OR LOCKOUT EXIST; AND PROVIDING FOR LEGALLY ESTABLISHED EMPLOYMENT SERVICE.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 19, Chapter 7, Delaware Code is amended by enacting a new Section to be known as Section 704 as follows:

§ 704. Employment of strike breakers

(a) It shall be unlawful for any person, firm or corporation, not directly involved in a labor strike or lockout, to recruit any person or persons for employment, or to secure or offer to secure for any person or persons any employment, when the purpose of such recruiting, securing or offering to secure employment, is to have such persons take the place in employment of employees in an industry where a labor strike or a lockout involving a recognized labor organization exists; provided, that this act shall not apply to the Delaware State Employment Service or the United States Employment Service or to any person, firm or corporation engaged in the production handling or the processing of agricultural commodities.

(b) Any person violating the provisions of this act shall be guilty of a misdemeanor, and, upon conviction thereof in the Superior Court of the State of Delaware shall be sentenced to pay a fine of not more than one thousand dollars ($1,000), or to suffer imprisonment for a term not exceeding one year, or both, at the discretion of the Court.

(c) No person, firm or corporation recruiting persons for employment shall be subject to the penalties imposed by this section, unless the labor organization involved in said labor strike or lockout gives actual notice to said person, firm or corporation of the existence of said labor strike or lockout.

Approved June 15, 1961.