PRINTER'S NO. 2668
No. 2134 Session of 1995
INTRODUCED BY SAINATO, VEON, DeWEESE, BELARDI, KUKOVICH,
RICHARDSON, DALEY, STEELMAN, SURRA, RAMOS, LaGROTTA,
LAUGHLIN, GIGLIOTTI, LEVDANSKY, CALTAGIRONE, LUCYK, McGEEHAN,
SHANER, MIHALICH AND BELFANTI, OCTOBER 23, 1995
REFERRED TO COMMITTEE ON LABOR RELATIONS, OCTOBER 23, 1995
AN ACT
1 Amending the act of July 12, 1972 (P.L.847, No.187), entitled
2 "An act prohibiting and making unlawful the employment of
3 professional strikebreakers in place of employes involved in
4 a labor dispute; prohibiting and making unlawful recruitment
5 and furnishing of employes to replace employes involved in a
6 labor dispute by a person or agency not directly involved in
7 the labor dispute and the employment of persons so recruited
8 or furnished; prohibiting and making unlawful recruitment of
9 or advertising for employes to take the place of employes
10 engaged in a labor dispute without stating that the
11 employment offered is in place of employes involved in a
12 labor dispute, and repealing certain existing law," defining
13 "strikebreaker"; and extending the provisions of the act to
14 employment agents.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Sections 1, 2, 3, 4, 5 and 6 of the act of July
18 12, 1972 (P.L.847, No.187), referred to as the Strikebreaker
19 Employment Act, are amended to read:
20 Section 1. [The term "strikebreaker" shall mean a person who
21 customarily and repeatedly offers himself for employment in
22 place of employe involved in a labor dispute.] The term
23 "employment agent" shall mean any person, partnership, company,
1 agency, firm or corporation that:
2 (1) Must comply with the provisions of the act of July 31,
3 1941 (P.L.616, No.261), known as the Employment Agency Law.
4 (2) Is hired or in contact with, or arranges or offers
5 services to a company for the purpose of recruiting, selecting,
6 supplying, hiring or employing individuals to fill job vacancies
7 or attain employment with the company.
8 The term "strikebreaker" shall mean a person, other than a
9 continuously employed management person, who customarily and
10 repeatedly offers himself for employment as a temporary or
11 permanent replacement for an employe engaged in a labor dispute.
12 It shall be evidence that a person customarily and repeatedly
13 offers himself for employment in place of employes involved in a
14 labor dispute, if such person shall have at least two times
15 before offered to take the place of employment of persons
16 involved in a labor dispute.
17 Section 2. It shall be unlawful for any person, partnership,
18 agency, firm or corporation, or officer or agent thereof, or
19 employment agent knowingly to recruit, procure, supply or refer
20 any strikebreaker for employment in place of employes involved
21 in a labor dispute in which such person, partnership, agency,
22 firm or corporation or employment agent is not directly
23 interested.
24 Section 3. (a) It shall be unlawful for any person,
25 partnership, firm or corporation, or officer or agent thereof,
26 involved in a labor dispute, knowingly to employ in place of an
27 employe involved in such labor dispute any strikebreaker, or
28 knowingly to employ any strikebreaker in place of an employe
29 involved in a labor dispute which strikebreaker is recruited,
30 procured, supplied or referred for employment by any person,
19950H2134B2668 - 2 -
1 partnership, agency, firm or corporation or employment agent not
2 directly involved in the labor dispute.
3 (b) It shall be unlawful for any person who customarily and
4 repeatedly offers himself for employment in place of employes
5 involved in a labor dispute to take or offer to take the place
6 in employment of employes involved in a labor dispute.
7 Section 4. It shall be unlawful for any person, partnership,
8 firm or corporation, or officer or agent thereof, involved in a
9 labor dispute to contract or arrange with any other person,
10 partnership, agency, firm or corporation or employment agent to
11 recruit, procure, supply or refer strikebreakers for employment
12 in place of employes involved in such labor dispute.
13 Section 5. It shall be unlawful for any person, partnership,
14 agency, firm or corporation, or officer or agent thereof, or
15 employment agent knowingly to recruit, solicit or advertise for
16 employes or refer persons to employment in place of employes
17 involved in a labor dispute without adequate notice to such
18 person or in such advertisement that there is a labor dispute at
19 the place at which employment is offered and that the employment
20 offered is in place of employes involved in such labor dispute.
21 Section 6. Any person, partnership, agency, firm or
22 corporation or employment agent violating the provisions of
23 sections 2, 3 or 4 of this act shall be guilty of a misdemeanor
24 and, upon conviction thereof, shall be punished by a fine of not
25 more than two thousand dollars ($2,000) or by imprisonment for a
26 term not exceeding three years, or both, at the discretion of
27 the court. Any person, partnership, agency, firm or corporation
28 or employment agent violating section 5 of this act shall be
29 guilty of a misdemeanor and, upon conviction thereof, shall be
30 punished by a fine of not more than five hundred dollars ($500)
19950H2134B2668 - 3 -
1 or imprisonment for a term not exceeding one year, at the
2 discretion of the court.
3 Section 2. This act shall take effect immediately.
A25L43JRW/19950H2134B2668 - 4 -