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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: January 10, 2013 11:15 AM
From: Representative Ron Miller
To: All House members
Subject: REDRAFT OF LANGUAGE - amending Title 18 (Crimes and Offenses) to repeal legal favoritism geared towards organized labor (Former 2683)
 
THIS MEMO WILL REPLACE A MEMO DISTRIBUTED ON 12-12012. IF YOU CO-SPONSORED THIS PREVIOUSLY, YOU WILL NEED TO REDO YOUR REQUEST. I AM SORRY FOR THE INCONVENIENCE. BELOW PLEASE FIND THE NAMES OF MEMBERS THAT THIS CHANGE AFFECTS: Dunbar, Aument, Bloom, Metcalfe, Emrick, Truitt, Godshall, F. Keller, Swanger, Cutler, Kauffman, Tallman, Grove, Saylor, Everett, M. Keller, Hickernell, Lawrence, Cox, Clymer.

Criminal actions present a substantial risk to public safety and to the well-being of the Commonwealth’s citizens, workers, and businesses – for that very reason we have outlawed such dangerous, anti-social behaviors. A report issued last August by the U.S. Chamber of Commerce, however, exposed several portions of Pennsylvania law where criminal actions are immunized from prosecution or conviction simply because they occur during, in the course of, or in connection with a labor dispute.
In the near future I will be introducing legislation to eliminate these legal loopholes. Specifically this bill expressly repeals §2709(e), §2709.1(e), and §2715(c.2) of the Crimes Code, which provide an exception to the crimes of harassment, stalking, and threatening to use a weapon of mass destruction if the perpetrator is involved in a labor dispute as defined in the Labor Anti-Injunction Act.
It is the duty of the General Assembly to recognize the importance and necessity of fostering economic development and job creation and further recognize that employers and employees have rights governed by the National Labor Relations Act. However, employers, employees, labor organizations and their respective representatives and agents, must exercise such rights so as not to commit criminal violations that can make the Commonwealth an unwelcoming and dangerous place for employer-employee relationships, harm existing businesses, or suppress job growth.
The time has come for Pennsylvania to stop condoning actions that would be illegal under any other circumstances simply because they are being performed in conjunction with a labor dispute.

Former co-sponors: MILLER , AUMENT, CREIGHTON , CUTLER , EVERETT , GINGRICH , GROVE, HICKERNELL , M. K. KELLER , LAWRENCE, MILNE , PICKETT , SAYLOR , SWANGER , TALLMAN and METCALFE



Introduced as HB1154