295.200. Unlawful acts--penalties--enforcement of provisions. - Missouri Statutes

Unlawful acts--penalties--enforcement of provisions.

295.200. 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 workfor any utility or for the state after any plant, equipment orfacility has been taken over by the state under this chapter, asmeans of enforcing any demands against the utility or against thestate.

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

3. Any labor organization or labor union which violatessubsection 1 shall forfeit and pay to the state of Missouri forthe use of the public school fund of the state, the sum of tenthousand dollars for each day any work stoppage resulting fromany strike which it has called, incited, or supported, continues,to be recovered by civil action in the name of the state andagainst the labor organization or labor union in its commonlyused name.

4. Any officer of any labor organization or labor unionrepresenting employees of public utilities who participates incalling, inciting or supporting any strike in violation ofsubsection 1 shall forfeit and pay to the state of Missouri, forthe use of the public school fund of the state, the sum of onethousand dollars to be recovered by civil action in the name ofthe state and against such officer.

5. Any public utility that engages in a lockout which bringsabout a work stoppage shall forfeit and pay to the state ofMissouri, for the use of the public school fund of the state, thesum of ten thousand dollars for each day of work stoppage causedby such lockout, said amount to be recovered by civil action inthe name of the state and against the public utility; providedfurther, that if, upon any investigation, supported by competentevidence, by the state board of mediation, it shall appear thatany public utility has refused to bargain collectively in goodfaith with its employees over the terms and conditions ofemployment, said state board of mediation shall certify suchrecord and proceedings to the public service commission, and,upon consideration of the facts in such record and proceedingsthe public service commission shall find that the evidencejustifies such action, it may revoke the certificate ofconvenience and necessity of such public utility, or impose suchother conditions upon such public utility as may be provided bylaw. Any such action by said public service commission shall besubject to review in the courts of this state in the same manneras other orders or decisions of said commission.

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

(L. 1947 V. I p. 358 § 21)