1Prohibiting the use of permanent replacement workers during a
2labor dispute; prohibiting the use of employment agents and
3contract employment agencies from recruiting or furnishing
4employees to permanently replace employees in a labor
5dispute; providing for injunctive relief and damages; and
6imposing a penalty.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Short title.

10This act shall be known and may be cited as the Workplace
11Fairness Act.

12Section 2. Definitions.

13The following words and phrases when used in this act shall
14have the meanings given to them in this section unless the
15context clearly indicates otherwise:

16"Employment agent." A person, partnership, company, agency, 
17firm or corporation that meets all of the following:

18(1) Is required to comply with the provisions of the act 
19of July 31, 1941 (P.L.616, No.261), known as the Employment
 

1Agency Law.

2(2) Is hired by, in contact with, arranges or offers
3services to a company for the purpose of recruiting,
4selecting, supplying, hiring or employing individuals to fill
5job vacancies or attain employment with the company.

6Section 3. Use of permanent replacement workers.

7An employer, including a government agency and its political
8subdivision, or their representatives, may not hire, employ,
9recruit, procure or offer to grant the status of permanent
10replacement employee to a person for performing bargaining unit
11work for an employer during either of the following:

12(1) A lockout of employees who are members of a labor
13organization.

14(2) An authorized strike of employees who are members of
15a labor organization.

16Section 4. Recruitment of permanent replacement workers
17prohibited.

18An employment agent or officer or agent thereof may not send
19an applicant to a place where a strike, lockout or other labor
20dispute exists with the intent of permanently replacing a person
21in a labor organization who is involved in a lockout or a strike
22authorized by an employee representative.

23Section 5. Injunctive relief and damages.

24(a) Remedy by injunction.--Immediately upon the occurrence
25of an alleged violation of this act, the employee or employee
26representative alleging the violation may apply for injunctive
27relief in any court of competent jurisdiction and the court
28shall have jurisdiction to grant a temporary or permanent
29injunction restraining any person from violating this act.

30(b) Civil damages.--An employee or employee representative

1may institute an appropriate civil action for damages,
2including, but not limited to, lost wages, salary, pension and
3retirement contributions and benefits and other employee
4benefits and seniority, against an employer alleged to be in
5violation of this act.

6Section 6. Penalty.

7A person who violates any provision of this act commits a
8summary offense and shall, upon conviction, be sentenced to pay
9a fine of not less than $1,000 nor more than $1,500 for each
10offense. Each permanent replacement employee hired in violation
11of this act shall be deemed a separate offense.

12Section 7. Effective date.

13This act shall take effect in 60 days.