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What is NYC AC § 22-502?

Quick Answer

This section prohibits employers in New York City from employing strikebreakers during strikes or lockouts. It also makes it unlawful for third parties to recruit individuals to replace striking employees, with certain exceptions for licensed employment agencies. Applies to employers and individuals involved in labor disputes.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 22-502 Unlawful conduct.

AC § 22-502

a. It shall be unlawful in the city of New York for any employer wilfully and knowingly to employ any strikebreaker to replace employees who are either on strike against or locked out by such employer. b. It shall be unlawful within the city of New York for any person, firm or corporation not directly involved in a strike or lockout to recruit any person or persons for employment or to secure or offer to secure for a person or persons any employment when the purpose of such recruiting, securing or offering to secure employment is to have such person take the place in employment of employees in an industry or establishment where a strike or lockout exists, provided that this section shall not apply to any employment agency duly licensed in the city of New York or any nurses registry and provided that such employment is in the regular course of business of such employment agency or nurses registry. c. It shall be unlawful for any person, firm or corporation including such duly licensed employment agency to transport or arrange to transport to the city of New York any person or persons for employment for the purpose of having such person take the place in employment of employees in an industry or establishment where a strike or lockout exists. d. Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine or not more than one thousand dollars or to suffer imprisonment for a term not exceeding one year, or both.

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