PRINTER'S NO. 3409
No. 2416 Session of 2004
INTRODUCED BY VEON, BELFANTI, DeWEESE, SOLOBAY, FABRIZIO, MANN,
LaGROTTA, GEORGE, SHANER, LAUGHLIN, BEBKO-JONES, WASHINGTON,
CASORIO, GRUCELA, GOODMAN, YUDICHAK, SCRIMENTI, WALKO,
YOUNGBLOOD, FREEMAN, LEACH, LEVDANSKY, KELLER, CURRY, SURRA
AND TANGRETTI, MARCH 15, 2004
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 15, 2004
AN ACT
1 Amending the act of June 2, 1937 (P.L.1198, No.308), entitled
2 "An act relating to employes and organizations thereof;
3 defining labor disputes; prescribing the procedure by which
4 and the conditions under which injunctions may be granted in
5 such disputes, and the scope thereof; declaring certain
6 undertakings and promises between employers and employes
7 contrary to public policy and void; prescribing the nature of
8 proof necessary in actions arising out of labor disputes
9 against persons or associations; prescribing the terms and
10 conditions for bonds to be furnished prior to the issuance of
11 injunctions; prescribing the procedure in case of appeal from
12 granting injunctions; limiting the duration of temporary and
13 permanent injunctions in case of labor disputes; and
14 providing for the payment of costs; and repealing all acts or
15 parts of acts inconsistent herewith," further providing for
16 restraining orders and injunctions.
17 The General Assembly finds and declares as follows:
18 (1) Citizens of the Commonwealth of Pennsylvania have a
19 strong local interest in protecting the public welfare during
20 labor disputes involving employers or employees located
21 within this Commonwealth.
22 (2) Violence during labor disputes adversely affects the
23 public welfare and one of the greatest sources of labor
1 violence is the decision by management to hire temporary or
2 permanent replacements during a strike by employees.
3 (3) To the extent the judicial power of the Commonwealth
4 is invoked in connection with such labor disputes, it is
5 incumbent on the Commonwealth to ensure that it acts to
6 reduce all sources of violence in labor disputes in a manner
7 which is fair and evenhanded.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 4 of the act of June 2, 1937 (P.L.1198,
11 No.308), known as the Labor Anti-Injunction Act, amended June 9,
12 1939 (P.L.302, No.163), is amended to read:
13 Section 4. No court of this Commonwealth shall have
14 jurisdiction to issue any restraining order or temporary or
15 permanent injunction in a case included within this act, except
16 in strict conformity with the provisions of this act, nor shall
17 any such restraining order or temporary or permanent injunction
18 be issued contrary to the public policy declared in this act.
19 Exclusive jurisdiction and power to hear and determine all
20 actions and suits coming under the provisions of this act, shall
21 be vested in the courts of common pleas of the several counties
22 of this Commonwealth: Provided, however, That, unless an
23 employer hires temporary or permanent replacement employes to
24 perform the work subject to the labor dispute, this act shall
25 not apply in any case--
26 (a) Involving a labor dispute, as defined herein, which is
27 in disregard, breach, or violation of, or which tends to procure
28 the disregard, breach, or violation of, a valid subsisting labor
29 agreement arrived at between an employer and the representatives
30 designated or selected by the employes for the purpose of
20040H2416B3409 - 2 -
1 collective bargaining, as defined and provided for in the act,
2 approved the first day of June, one thousand nine hundred and
3 thirty-seven (Pamphlet Laws, one thousand one hundred sixty-
4 eight), entitled "An act to protect the rights of employes to
5 organize and bargain collectively; creating the Pennsylvania
6 Labor Relations Board; conferring powers and imposing duties
7 upon the Pennsylvania Labor Relations Board, officers of the
8 State government, and courts; providing for the right of
9 employes to organize and bargain collectively; declaring certain
10 labor practices by employers to be unfair; further providing
11 that representatives of a majority of the employes be the
12 exclusive representatives of all the employes; authorizing the
13 board to conduct hearings and elections, and certify as to
14 representatives of employes for purposes of collective
15 bargaining; empowering the board to prevent any person from
16 engaging in any unfair labor practice, and providing a procedure
17 for such cases, including the issuance of a complaint, the
18 conducting of a hearing, and the making of an order; empowering
19 the board to petition a court of common pleas for the
20 enforcement of its order, and providing a procedure for such
21 cases; providing for the review of an order of the board by a
22 court of common pleas on petition of any person aggrieved by
23 such order, and establishing a procedure for such cases;
24 providing for an appeal from the common pleas court to the
25 Supreme Court; providing the board with investigatory powers,
26 including the power to issue subpoenas and the compelling of
27 obedience to them through application to the proper court;
28 providing for service of papers and process of the board;
29 prescribing certain penalties," and amendments thereto, or as
30 defined and provided for in the National Labor Relations Act,
20040H2416B3409 - 3 -
1 approved the fifth day of July, one thousand nine hundred and
2 thirty-five: Provided, however, That the complaining person has
3 not, during the term of the said agreement, committed an act as
4 defined in both of the aforesaid acts as an unfair labor
5 practice or violated any of the terms of said agreement.
6 (b) Where a majority of the employes have not joined a labor
7 organization, or where two or more labor organizations are
8 competing for membership of the employes, and any labor
9 organization or any of its officers, agents, representatives,
10 employes, or members engages in a course of conduct intended or
11 calculated to coerce an employer to compel or require his
12 employes to prefer or become members of or otherwise join any
13 labor organization.
14 (c) Where any person, association, employe, labor
15 organization, or any employe, agent, representative, or officer
16 of a labor organization engages in a course of conduct intended
17 or calculated to coerce an employer to commit a violation of the
18 Pennsylvania Labor Relations Act of 1937 or the National Labor
19 Relations Act of 1935.
20 (d) Where in the course of a labor dispute as herein
21 defined, an employe, or employes acting in concert, or a labor
22 organization, or the members, officers, agents, or
23 representatives of a labor organization or anyone acting for
24 such organization, seize, hold, damage, or destroy the plant,
25 equipment, machinery, or other property of the employer with the
26 intention of compelling the employer to accede to any demands,
27 conditions, or terms of employment, or for collective
28 bargaining.
29 Section 2. Section 9 of the act is amended to read:
30 Section 9. No court of this Commonwealth shall issue any
20040H2416B3409 - 4 -
1 restraining order or a temporary or permanent injunction in any
2 case involving or growing out of a labor dispute, except after
3 hearing the testimony of witnesses in open court (with
4 opportunity for cross-examination) in support of the allegations
5 of a complaint made under oath, and testimony in opposition
6 thereto, if offered, and except after findings of fact by the
7 court to the effect--
8 (a) That unlawful acts have been threatened and will be
9 committed unless restrained, or have been committed and will be
10 continued unless restrained, but no temporary or permanent
11 injunction or temporary restraining order shall be issued on
12 account of any threat or unlawful act, excepting against the
13 person or persons, association or organization, making the
14 threat or committing the unlawful act, or actually authorizing
15 or ratifying the same after actual knowledge thereof.
16 (b) That substantial and irreparable injury to complainant's
17 property will follow unless the relief requested is granted.
18 (c) That, as to each item of relief granted, greater injury
19 will be inflicted upon complainant by the denial of relief than
20 will be inflicted upon defendants by granting of relief.
21 (d) That no item of relief granted is relief which is
22 prohibited under section six of this act.
23 (e) That complainant has no adequate remedy at law; and
24 (f) That the public officers charged with the duty to
25 protect complainant's property are unable to furnish adequate
26 protection.
27 (g) The employer has not hired temporary or permanent
28 replacement employes to perform the work subject to the labor
29 disputes.
30 Such hearing shall be held only after a verified bill of
20040H2416B3409 - 5 -
1 complaint and a verified bill of particulars specifying in
2 detail the time, place, and the nature of the acts complained
3 of, and the names of the persons alleged to have committed the
4 same or participated therein, have been served, and after due
5 and personal notice thereof has been given, in such manner as
6 the court shall direct, to all known persons against whom relief
7 is sought, and also to the chief of those public officials of
8 the county and city, within which the unlawful acts have been
9 threatened or committed, charged with the duty to protect
10 complainant's property. The hearing shall consist of the taking
11 of testimony in open court with opportunity for cross-
12 examination and testimony in opposition thereto, if offered, and
13 no affidavits shall be received in support of any of the
14 allegations of the complaint.
15 Section 3. This act shall apply retroactively to labor
16 disputes which are in progress on the effective date of this
17 act.
18 Section 4. This act shall take effect immediately.
J16L43DMS/20040H2416B3409 - 6 -