Pennsylvania Act 1972-187 — STRIKEBREAKER EMPLOYMENT ACT

Act text

STRIKEBREAKER EMPLOYMENT ACT
                 Act of Jul. 12, 1972, P.L. 847, No. 187              Cl. 43
                                  AN ACT

     Prohibiting and making unlawful the employment of professional
        strikebreakers in place of employes involved in a labor
        dispute; prohibiting and making unlawful recruitment and
        furnishing of employes to replace employes involved in a
        labor dispute by a person or agency not directly involved in
        the labor dispute and the employment of persons so recruited
        or furnished; prohibiting and making unlawful recruitment of
        or advertising for employes to take the place of employes
        engaged in a labor dispute without stating that the
        employment offered is in place of employes involved in a
        labor dispute, and repealing certain existing law.

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

        Section 1.  The term "strikebreaker" shall mean a person who
     customarily and repeatedly offers himself for employment in
     place of employe involved in a labor dispute.
        Section 2.  It shall be unlawful for any person, partnership,
     agency, firm or corporation, or officer or agent thereof,
     knowingly to recruit, procure, supply or refer any strikebreaker
     for employment in place of employes involved in a labor dispute
     in which such person, partnership, agency, firm or corporation
     is not directly interested.
        Section 3.  (a)  It shall be unlawful for any person,
     partnership, firm or corporation, or officer or agent thereof,
     involved in a labor dispute, knowingly to employ in place of an
     employe involved in such labor dispute any strikebreaker, or
     knowingly to employ any strikebreaker in place of an employe
     involved in a labor dispute which strikebreaker is recruited,
     procured, supplied or referred for employment by any person,
     partnership, agency, firm or corporation not directly involved
     in the labor dispute.
        (b)  It shall be unlawful for any person who customarily and
     repeatedly offers himself for employment in place of employes
     involved in a labor dispute to take or offer to take the place
     in employment of employes involved in a labor dispute.
        Section 4.  It shall be unlawful for any person, partnership,
     firm or corporation, or officer or agent thereof, involved in a
     labor dispute to contract or arrange with any other person,
     partnership, agency, firm or corporation to recruit, procure,
     supply or refer strikebreakers for employment in place of
     employes involved in such labor dispute.
        Section 5.  It shall be unlawful for any person, partnership,
     agency, firm or corporation, or officer or agent thereof,
     knowingly to recruit, solicit or advertise for employes or refer
     persons to employment in place of employes involved in a labor
     dispute without adequate notice to such person or in such
     advertisement that there is a labor dispute at the place at
     which employment is offered and that the employment offered is
     in place of employes involved in such labor dispute.
        Section 6.  Any person, partnership, agency, firm or
     corporation violating the provisions of sections 2, 3 or 4 of
     this act shall be guilty of a misdemeanor and, upon conviction
     thereof, shall be punished by a fine of not more than two
     thousand dollars ($2,000) or by imprisonment for a term not
     exceeding three years, or both, at the discretion of the court.
     Any person, partnership, agency, firm or corporation violating
     section 5 of this act shall be guilty of a misdemeanor and, upon
     conviction thereof, shall be punished by a fine of not more than
     five hundred dollars ($500) or imprisonment for a term not
     exceeding one year, at the discretion of the court.
        Section 7.  The act of June 21, 1937 (P.L.1982), entitled "An
     act to prohibit any person, firm or corporation, not directly
     involved in a labor strike or lockout, recruiting or securing or
     offering to secure employment for persons to take the places of
     employes where a labor strike or a lockout exists; and providing
     for legally established employment service," is repealed.