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10/31/2024 07:57 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?SPick=20230&chamber=H&cosponId=39143
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House of Representatives
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: January 6, 2023 11:05 AM
From: Representative Nick Pisciottano
To: All House members
Subject: Protecting the Right to Strike
 
The United States Supreme Court is currently reviewing a case that could prevent Pennsylvania workers from exercising their right to strike. The case, Glacier Northwest Inc. v. International Brotherhood of Teamsters, is testing whether a state tort could circumvent established federal labor law by holding striking workers liable for property damages resulting from a lawful strike action. If the U.S. Supreme Court rules that state torts are allowed to take precedence over rulings of the National Labor Relations Board, workers could be indirectly denied their collective bargaining rights and the right to strike guaranteed by Section 13 of the Pennsylvania Labor Relations Act.
 
Depending on the U.S. Supreme Court’s ruling in the Glacier Northwest case, both businesses and their workers could face significant legal uncertainty due to unclear, overlapping federal and state law. To provide an immediate remedy to such an outcome, I intend to introduce legislation that institutes guidelines in Pennsylvania if an employer raises a state tort claim during a strike action.
 
Pennsylvania has a long history of supporting workers’ rights to foster economic growth and create a fair deal for working families. This legislation will be crucial to maintaining that balanced approach. By clarifying state law, we can ensure that businesses' property and product are protected while workers have certainty that their collective bargaining rights remain inviolable.


Please join me in co-sponsoring this important legislation.





Memo Updated: January 6, 2023 11:06 AM