PRINTER'S NO. 1360
No. 1172 Session of 1983
INTRODUCED BY SIRIANNI, BUNT, NOYE, FREIND, BOWSER, GLADECK,
FARGO, TRELLO, E. Z. TAYLOR, PETERSON, GODSHALL, MERRY,
CLYMER, GEIST, MACKOWSKI, JACKSON, MADIGAN AND SAURMAN,
JUNE 8, 1983
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 8, 1983
AN ACT
1 Providing for wrongful interference with employment
2 relationships; establishing procedures; providing for damages
3 for violations; and making a repeal.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Employment
8 Relationship Interference Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Person." Includes natural persons, corporations,
14 unincorporated associations, groups of persons, partnerships and
15 labor unions whether national, international or local.
16 Section 3. Legislative purpose.
17 The General Assembly recognizes the rights of citizens of the
1 Commonwealth to pursue employment relationships of their choice
2 without fear of intimidation or coercion by individuals or
3 associations willing to employ unlawful means to interfere with
4 such relationships. Further, the General Assembly recognizes the
5 tendency toward interference with rights which frequently
6 accompanies labor disputes and the ineffectiveness of existing
7 judicial remedies as a means of redress for the infringement of
8 such rights. Accordingly, it is declared to be the policy of the
9 Commonwealth and the purpose of this act to insure that
10 effective remedies exist at law and equity to protect individual
11 citizens of this Commonwealth in their exercise of the right to
12 pursue legitimate employment relationships.
13 Section 4. Cause of action.
14 Where either the objective or result is to interfere with,
15 prevent or discourage an employment relationship on the part of
16 the person against whom the action is directed or other persons,
17 it shall be unlawful for any person, whether acting individually
18 or in concert with others, to employ violence, force, show of
19 force, threats of violence or pecuniary loss, fines, financial
20 penalty or forfeiture, coercion, intimidation or any conduct or
21 threats of conduct which, if performed, would constitute a
22 violation of any criminal law of the Commonwealth, or which
23 would be recognized as tortious under the common law.
24 Section 5. Procedure and damages.
25 (a) Civil proceeding.--Persons violating this act shall be
26 liable in civil proceedings brought in any court of common pleas
27 having otherwise proper venue and jurisdiction.
28 (b) Recovery by plaintiff.--When the elements of an action
29 brought pursuant to this act have been established, the
30 plaintiff is entitled to recover for the following:
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1 (1) Any actual pecuniary loss proximately caused by the
2 actions of the defendants, including but not limited to,
3 physical injuries, property damage, lost wages or benefits.
4 (2) Reasonable compensation for pain and suffering
5 incident to any physical injuries.
6 (3) Reasonable compensation for emotional distress and
7 fear inflicted upon the plaintiff.
8 (4) Reasonable compensation for any harm to reputation
9 suffered by the plaintiff, which need not be supported by
10 proof of actual damage or pecuniary loss.
11 (5) The expense, including reasonable attorney's fees,
12 incurred by the plaintiff in pursuing a successful action
13 under this act.
14 (6) Any equitable relief deemed appropriate by the
15 court.
16 (c) Punitive damages.--In addition to the above elements of
17 damage, a plaintiff in any action shall be entitled to a jury
18 instruction that punitive damages shall be awarded if, in the
19 judgment of the jury, the conduct of the defendants was in
20 wanton and willful disregard of the rights of the plaintiff. The
21 measure of punitive damages to be awarded shall be an amount
22 reasonably related to the gravity of the defendant's conduct.
23 The amount of punitive damages shall not be limited or
24 diminished on account of the amount of actual pecuniary loss
25 suffered by the plaintiff.
26 (d) Joinder of parties.--Notwithstanding any other provision
27 of law or rule of court, multiple plaintiffs and defendants may
28 be joined in a single action under this act if the damages or
29 conduct alleged as the basis for the action arose out of the
30 same transaction, series of transactions or labor dispute.
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1 (e) Arbitration prohibited.--Notwithstanding any other
2 provision of law or rule of court, no action under this act
3 shall be referred to compulsory arbitration because of the
4 alleged amount in controversy.
5 Section 6. Vicarious liability.
6 (a) Proof of actual authorization unnecessary.--Whenever
7 liability is asserted against a corporation, group of persons,
8 unincorporated association, partnership, international labor
9 union or local labor union on the basis of the actions of other
10 persons, or of their members, agents, servants, officials or
11 employees, it shall not be necessary for the plaintiff to
12 establish that the defendants actually ratified, authorized,
13 caused or directed the actions of the persons, members, agents,
14 servants, officials or employees, as the case may be.
15 (b) Sufficiency of proof.--It shall be sufficient to impose
16 vicarious liability upon any defendants if it is established, in
17 light of the circumstances, that the individual actions upon
18 which liability is asserted have or had the purpose or effect of
19 advancing the objectives of the defendants.
20 (c) Liability of parent organization.--In the event that
21 liability is established on the part of a local or subsidiary
22 affiliate of any parent, national or international organization,
23 the parent, national or international organization shall be
24 liable for any such liability.
25 Section 7. Cumulative remedies.
26 The remedies provided by this act shall be deemed to be in
27 addition to any other remedies or penalties available or imposed
28 under any existing statutes or rules of common law as applied by
29 the courts of this Commonwealth.
30 Section 8. Severability.
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1 If any provision of this act or the application thereof to
2 any person or circumstances is held invalid, such invalidity
3 shall not affect other provisions or applications of the act
4 which can be given effect without the invalid provision or
5 application, and to this end the provisions of this act are
6 declared to be severable.
7 Section 9. Application.
8 The act of June 2, 1937 (P.L.1198, No.308), known as the
9 Labor Anti-Injunction Act, shall have no applicability to
10 actions brought pursuant to this act. Nothing contained in this
11 act shall be construed as affecting or altering in any way, or
12 making actionable, any otherwise lawful provision of any
13 employment agreement, or as enlarging, diminishing or affecting
14 in any way the relative rights to each other of parties to an
15 employer-employee relationship.
16 Section 10. General repeal.
17 All acts and parts of acts are repealed insofar as they are
18 inconsistent with this act.
19 Section 11. Effective date.
20 This act shall take effect in 60 days.
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