Wolf Closes PA’s Union Intimidation Loophole

By Andrew Staub | PA Independent

People involved in labor disputes in Pennsylvania are losing their free pass to stalk, harass or make threats to use weapons of destruction.

Gov. Tom Wolf on Thursday signed legislation making all three activities a crime, even if they occur amid a standoff between union workers and their employers. As wild as it sounds, Pennsylvania state law provided an exemption for all those crimes, as long as they happened during a labor dispute.

“I believe it is important to allow men and women to come together and their voices heard,” Wolf said in a statement announcing he signed House Bill 874. “I also believe that any form of harassment by employees or employers is unacceptable.”

The law will take effect in 60 days, meaning the loophole will close in early January. Wolf’s signature marked a huge win for the Keystone Chapter of the Associated Building Contractors, whose members sometimes found they had no legal recourse even when union workers crossed the line during labor disputes.

In one case, a business owner couldn’t stop disgruntled labor officials from peppering his neighborhood — and his own home — with derogatory fliers. In another, a Philadelphia work site turned into a battle ground during a labor dispute, with union protestors accosting contractors and threatening others. One company official said union workers videotaped her children at sports events and threatened to shoot her.

“These loopholes have allowed for horrific activities disguised as legitimate labor disputes for years,” ABC Keystone President and CEO Kate McCaslin said. “Today, ABC applauds Governor Tom Wolf for signing this legislation into law that will provide for equal protection for employers and employees from hostile work environments.”

ABC and other business and conservative groups had urged Wolf to sign the legislation since the House sent it to his desk Oct. 27. Unions have opposed it, with labor leaders worrying workers could use the law to thwart legitimate labor activities.

“We’re afraid that you’re going to see a lot of employers trying to use it to harass people on the picket line or folks that are organizing or doing any kind of activity,” Rick Bloomingdale, president of the AFL-CIO of Pennsylvania, said as the House readied to pass the bill.

Supporters of the legislation weren’t sure what to expect from the governor, given his ties to labor unions and past vetoes of legislation unpopular with organized labor. But they praised him Thursday after he turned House Bill 874 into Act 59 of 2015.

The National Federation of Independent Business Pennsylvania said it was “grateful” Wolf signed the bill.

“No one should be exempt from criminal law under any circumstance. Our small-business members with open shops have been harassed and stalked for years, especially in the Philadelphia area,” said Kevin Shivers, executive director of NFIB Pennsylvania. “This exemption may have led to a belief by some union leaders that they had a free pass to commit even more serious crimes.”