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Senate Co-Sponsorship Memoranda
Senate of Pennsylvania
Session of 2015 - 2016
Regular Session
MEMORANDUM
| Posted: | January 13, 2015 08:38 AM |
|---|---|
| From: | Senator Scott Wagner |
| To: | All Senate members |
| Subject: | End Union Intimidation |
| 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 in August of 2012 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 sect.2709(e), sect.2709.1(e), and sect.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. A federal grand jury recently indicted ten members of the Local Ironworkers #401 in Philadelphia for acts of arson, assault, and racketeering against non-union contractors and property owners. In each case, the grand jury found evidence of intimidation and threats toward the property owners and non-union workers, all protected by these loopholes in the Crimes Code. Not only were these heinous and life-threatening activities commonplace for the Ironworkers #401, but they are standard operating procedure for unions across the Commonwealth. 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. If you have any questions, please contact Jason E. High at 717-787-3817 or jhigh@pasen.gov. |