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                                                      PRINTER'S NO. 3406

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2413 Session of 2004


        INTRODUCED BY VEON, BELFANTI, DeWEESE, SOLOBAY, FABRIZIO, MANN,
           LaGROTTA, GEORGE, SHANER, LAUGHLIN, BEBKO-JONES, WASHINGTON,
           CASORIO, GRUCELA, GOODMAN, YUDICHAK, SCRIMENTI, WALKO,
           STETLER, LEACH, MANDERINO, LEVDANSKY, KELLER, CURRY,
           TANGRETTI, YOUNGBLOOD AND FREEMAN, MARCH 15, 2004

        REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 15, 2004

                                     AN ACT

     1  Requiring employers to maintain certain benefits for striking
     2     employees who are replaced; and providing remedies.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5  Section 1.  Short title.
     6     This act shall be known and may be cited as the Striking
     7  Employees Benefits Act.
     8  Section 2.  Declaration of policy.
     9     The General Assembly finds and declares as follows:
    10         (1)  The hiring of replacements by employers invariably
    11     prolongs labor disputes.
    12         (2)  Such hiring imposes a significant burden on the
    13     Commonwealth to provide welfare and other social service
    14     benefits to striking employees, who are often without any
    15     source of support.
    16         (3)  The interest of all Commonwealth citizens is served


     1     where employers who hire replacements during labor disputes
     2     bear their fair share of responsibility for the cost of
     3     benefits to replaced employees.
     4  Section 3.  Duty to maintain benefits for striking employees.
     5     If an employer hires temporary or permanent replacements to
     6  perform the work of regular employees who are engaged in a labor
     7  dispute with the employer, the employer shall maintain, for as
     8  long as the replacements are employed, health and other
     9  insurance benefits for employees who are replaced at the level
    10  at which the benefits were maintained prior to the labor
    11  dispute.
    12  Section 4.  Enforcement.
    13     A person aggrieved by a violation of this act may bring an
    14  action for legal or equitable relief under this act in a court
    15  of competent jurisdiction.
    16  Section 5.  Effective date.
    17     This act shall take effect immediately.









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