A BILL to amend chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twelve, relating to labor and labor disputes; defining certain terms; specifying certain unlawful practices during labor disputes; and providing civil remedies.

The Legislature hereby finds that the importation of strikebreakers to replace West Virginia residents who are involved in a strike or lockout is a serious problem which dramatically increases the risk of violence, breaches of the peace, and injury to the person and property of West Virginia residents.

(a) When used in this article, "employer" includes any partnership, association, corporation, or officer thereof, or individual or person acting as an agent of an employer, directly or indirectly, employing any person, but does not include the United States or any wholly owned United States government corporation, or any federal reserve bank, or the state of West Virginia or any political subdivision or agency thereof.

(a) It shall be unlawful for any employer or agent thereof, involved in a strike or lockout, knowingly to employ in place of an employee involved in such labor dispute any strikebreaker, or knowingly to employ any strikebreaker in place of an employee involved in a labor dispute which strikebreaker is recruited, procured, supplied or referred for employment by any person, partnership, agency, firm or corporation not directly involved in the labor dispute.

It is unlawful for any person, partnership, agency, firm or corporation, or officer or agent thereof, knowingly to recruit, solicit or advertise for employees or refer persons to employment in place of employees involved in a labor dispute without adequate notice to such person or in such advertisement that there is a labor dispute at the place at which employment is offered and that the employment offered is in place of employees involved in such labor dispute.

Suits for violation of this article may be brought by any employee and/or labor organization in any circuit court of this state having jurisdiction of the parties. Notwithstanding any other provision of law to the contrary, any labor organization may sue as an entity and in behalf of the employees it represents. The court may in any action brought under this article assess costs of the action, including awarding any prevailing employee and/or labor organization reasonable attorney's fees and expenses.