Relating to labor.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section 1. 1. As used in this section, the following terms mean:

(1) "Employee", any person who performs services for wages, salary, or benefits under a contract of employment, express or implied, for any employer;

(2) "Employer", a person, partnership, firm, corporation, association, or other entity which employs any person or persons to perform services for a wage, salary, or benefit, and includes any person, partnership, firm, corporation, association, or other entity acting directly or indirectly as an agent of an employer;

(3) "Lockout", any refusal by an employer to permit any employee to work as a result of a good faith dispute between employer and employee affecting wages, hours, benefits, or other economic terms or conditions of employment of such employee;

(4) "Strike", any concerted act of more than fifty 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 as a result of a good faith dispute affecting wages, hours, benefits, or other economic terms or conditions of employment. The term "strike" shall not include work stoppages that are unauthorized by the proper labor organization.

2. It shall be unlawful for any employer 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 person or persons permanently replace an employee in an industry or business where a strike or a lockout involving a recognized labor organization exists.

3. It shall be unlawful for any person, partnership, firm, corporation, association, or other entity to permanently replace an employee involved in a strike or lockout at a place of business located within this state.

4. Any employer, person, partnership, firm, corporation, association, or other entity who violates this section shall be subject to a civil penalty of not less than one thousand dollars per day per violation. A civil penalty claim may be filed in any court of competent jurisdiction.

5. No employer shall be subject to the penalties imposed by this section unless the labor organization involved in the strike or lockout gives actual notice to the employer of the existence of the strike or lockout.

6. This section shall not apply to the employment of any person whose services are necessary to ensure that the plant or other property of the employer involved in the strike or lockout is properly maintained and protected for the resumption at any time of normal operations. This section shall not apply to state or federal employees.