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House Co-Sponsorship Memoranda
House of Representatives
Session of 2015 - 2016
Regular Session
MEMORANDUM
| Posted: | January 22, 2015 10:13 AM |
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| From: | Representative Stephen Bloom |
| To: | All House members |
| Subject: | Fair Enforcement of Labor Anti-Injunction Act (Previously HB 1470) |
| In the near future, I plan on re-introducing legislation (formally HB 1470) regarding the Labor Anti-Injunction Act. In a typical labor dispute, employees and/or their union representatives will picket an employer’s premises. Though Pennsylvania’s Labor Anti-Injunction Act prohibits the issuance of injunctions against nonviolent and otherwise lawful demonstrations, we have too frequently seen unlawful measures deployed against employers including, but not limited to: blocking vehicles from entering an employer’s facility; tampering with locks; flattening tires; and interfering with an employer’s right of ingress to and egress from its own property. In such cases, the aggrieved employer will often seek and obtain a court order protecting its rights. However, in many cases, the picketers will not voluntarily obey the court order without further efforts by the employer. The Labor Anti-Injunction Act does not presently address the costs that may be imposed for failing to comply with a restraining order issued in accordance with the Labor Anti-Injunction Act. My legislation provides the court with express power to impose upon enjoined persons who do not voluntarily obey an existing court order any legal fees and costs incurred by the complainant. This is necessary because enjoined persons often fail to obey an injunction without complainants’ persistent efforts and the attendant expenses of the public officers necessary to enforce the order. Under fair and equitable judicial practice, persons who refuse to voluntarily obey court orders should be subject to paying the costs of enforcement upon the prevailing party’s motion to the court. |
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