Senate Bill 2653

(As Sent to Governor)

AN ACT TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY UNION, LABOR UNION OR AGENCY THEREOF TO SINGLY OR IN CONCERT WITH OTHERS, TO ENGAGE IN MASS PICKETING OR MASS DEMONSTRATIONS IN SUCH A MANNER AS TO OBSTRUCT OR UNREASONABLY INTERFERE WITH FREE INGRESS OR EGRESS OF ANY PERSON TO AND FROM ANY PLACE OF BUSINESS OR A PRIVATE RESIDENCE; IT SHALL BE UNLAWFUL FOR ANY UNION, LABOR UNION OR AGENCY THEREOF TO OBSTRUCT OR UNREASONABLY INTERFERE WITH FREE INGRESS OR EGRESS OF ANY PERSON TO AND FROM ANY PLACE OF BUSINESS OR PRIVATE RESIDENCE; TO AUTHORIZE ANY BUSINESS OR PERSON SUBJECTED TO SUCH UNLAWFUL ACT TO SEEK INJUNCTIVE RELIEF WITHOUT THE SHOWING OF IRREPARABLE HARM; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) (a) It shall be unlawful for any union, labor union or agency thereof to singly or in concert with others, to engage in mass picketing or mass demonstrations in such a manner as to obstruct or unreasonably interfere with free ingress or egress of any person to and from any place of business or act or conduct themselves in any manner that would have the effect as to obstruct or unreasonably interfere with free use of business entryways, streets, sidewalks or rights-of-ways adjacent or contiguous to a business or has or intends the effect of violence or intimidation, near or contiguous to the business's customers.

(b) It shall be unlawful for any union, labor union or agency, singly or in concert with others, to engage in mass picketing or mass demonstrations in such a manner as to obstruct or unreasonably interfere with free ingress or egress of any person to and from any private residences or act or conduct themselves in any manner that would have the effect as to obstruct or unreasonably interfere with free use of residential driveways, streets, sidewalks or rights-of-ways adjacent to a residence, or unreasonably interfere with the resident's right to quiet enjoyment, or where such picketing of a residence has or intends the effect of violence or intimidation, near contiguous to a residence.

(2) It shall be unlawful for any union, labor union or agency thereof, singly or in concert with others to use equipment or any other object to obstruct or unreasonably interfere with free ingress or egress of any person to and from any private residences or place of business, or act or conduct themselves in any manner that would have the effect as to obstruct or unreasonably interfere with free use of residential driveways, streets, sidewalks or rights-of-ways adjacent or contiguous thereto a residence, or as to obstruct or unreasonably interfere with free use of business entryways, streets, sidewalks or rights-of-ways adjacent to or contiguous to a business, or interfere in any other manner described in subsection (1) of this section.

(3) Each individual person guilty of violating this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than Five Hundred Dollars ($500.00), or imprisoned in jail not more than six (6) months, or both such fine and imprisonment.

(4) It shall be no defense under state law that an organization or individual engages in mass picketing or mass demonstrations to further an objective in the context of a labor dispute.

(5) For purposes of this section, "mass picketing" and "mass demonstration" means a picket actually prevents an individual from the reasonable free ingress to and egress from an entrance to any place of employment or place of residence, either by obstructing the free ingress and egress with the person's body or by placing a vehicle or other physical obstruction for such purpose. The picketing prevents the pursuit of any entrance to a private residence, lawful work or employment.

(6) If, in the context of a labor dispute, an organization or individual is engaged in mass picketing at a business or private residence, the business or property owner shall be able to seek injunctive relief without the showing of irreparable harm. Upon proper showing, a person or business who is injured or threatened with injury shall be afforded relief in any court of competent jurisdiction to enjoin any behavior made unlawful. Nothing in this section shall be interpreted to alter or change the protections afforded under the federal labor laws, including the National Labor Relations Act or the Labor Management Relations.

(7) Nothing in this section shall be construed to conflict with any federal law to the contrary or Section 97-7-63, Mississippi Code of 1972.

(8) Nothing in the provisions of this act shall be construed to infringe and impede upon any individual's First Amendment right.

SECTION 2. This act shall take effect and be in force from and after July 1, 2014.