23-1321. Definitions

590 words·~3 min read·/az/title-23/23-1321

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this article, unless the context otherwise requires:

1. "Concerted interference with lawful exercise of business activity" means to do either of the following by the use of force, intimidation, violence, threats of unlawful activity, destruction of the employer's real or intangible property, unlawful assembly or defamatory statements:

(a)Prevent or attempt to prevent an employer from:

(i)Lawfully engaging in any proper and lawful business activity.

(ii)Properly, lawfully or peacefully using or enjoying the employer's property that is used or useful in the conduct of the employer's business.

(iii)Acquiring materials or supplies for the purposes of the employer's business.

(iv)Disposing of the goods, wares or products of the employer's business.

(b)Cause or induce a breach or termination of a known contractual relationship or known business expectancy for an improper purpose which results in damage to the employer.

2. "Labor organization" means an organization of any kind, or an agency or employee representation committee or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment. For the purpose of this article the word "employee" or "employees" does not include persons having supervisory authority, professional or confidential employees, guards or persons employed in personnel departments.

3. "Person" includes a natural person, a corporation, association, company, firm or labor organization.

4. "Secondary boycott" means:

(a)A combination or conspiracy by two or more persons, by a strike, threat to strike, picketing, threat to picket, violence, threat of violence, or by concerted refusal or threat of concerted refusal, to process, install, service, handle, transport or otherwise deal with specified articles, materials or services, to force or require a person to cease or partially to cease processing, installing, servicing, selling, handling or transporting the products of or selling to or otherwise dealing with any other person for the purpose of forcing or requiring such other person to recognize, bargain with or comply with the demands of a labor organization, or for the reason that such other person has in his employ persons who are not members of a labor organization or is not himself a member of a labor organization, or for the reason that such other person uses goods, materials or services considered objectionable by a labor organization.

(b)An act, combination or agreement which directly or indirectly causes, induces or compels another to strike, threaten to strike, picket, threaten to picket, commit violence, threaten to commit violence, refuse to or threaten to refuse to process, install, service, handle, transport or otherwise deal with specified articles, materials or services, to force or require a person to cease or partially to cease processing, installing, servicing, selling, handling or transporting the products of, or selling to or otherwise dealing with any other person for the purpose of forcing or requiring such other person to recognize, bargain with or comply with the demands of a labor organization, or for the reason that such other person has in his employ persons who are not members of a labor organization, or is not himself a member of a labor organization, or for the reason that such other person uses goods, materials or services considered objectionable by a labor organization.

5. "Trespassory assembly" means knowingly entering or unlawfully remaining on any property in violation of section 13-1502, 13-1503 or 13-1504.

6. "Unlawful mass assembly" means a violation of section 23-1327.

7. "Unlawful picketing" means a violation of section 23-1322.