Sarina Rose remembers the day well. It was about three years ago, and her
company, Post Brothers Construction, was in the middle of building the Goldtex
apartment building in Philadelphia — using some non-union labor.
"I walked into a restaurant," said Rose,
"and a business agent from the Iron Workers Union started an altercation
with me and yelled and screamed and assaulted me at the counter, and he also
made motion his hand at me with like a gun shape. Bang bang, that kind of thing."
Shaken, Rose, the vice president of development for Post
Brothers, took her story to the police.
But when it went to court, the judge said he was powerless to do
anything.
Up till now, Pennsylvania's Labor Anti-Injunction Act
shielded union members from prosecution on charges of harassment, stalking, or
threats with weapons of mass destruction if they were engaged in a broadly
defined "labor dispute."
Gov. Tom Wolf signed a bill Thursday that ends that
protection.
Construction Lawyer Wally Zimolong says it was a good law
back when it was passed — in 1937.
"The purpose of these exemptions originally was to
prohibit the criminal codes from being used to thwart labor organizing efforts
and to bust strikes," he said.
In the 30's, the nascent labor movement was frequently
strong-armed by powerful industrialists, and members were often brought in on
trumped up charges of harassment. In
1937, ten unarmed union demonstrators in Chicago were shot and killed by police
in what would come to be known as the "Memorial Day Massacre." But Zimolong says those days are long gone,
and the Anti-Injunction Act is now used very differently.
"Over the years, they've evolved into a sword that
organized labor wielded in order to sanction various conduct that otherwise
would have been considered criminal conduct," said Zimolong.
Labor leaders disagree.
"What societal cure is this going to provide us?" asked Pat
Gillespie, business manager of the Philadelphia and Construction Trades
Council. "Is there this rampant
anarchy that's running around and these hordes of people out there assaulting
people in the name of — no, there's nothing like that."
Gillespie says the law signed by Gov. Wolf rolls back
protections for workers that are still necessary.
"This is
owners and management who are very abusive toward their employees, and those
employees have a right to stand out in the public square and tell that person
that. And let them know what they think
of him," said Gillespie. "By
Wolf signing this, he will stifle that."
Wolf released a
statement saying "I believe it is important to allow men and women to come
together and have their voices heard. I
also believe that any form of harassment by employees or employers is
unacceptable." Most in his own
party voted against the bill.
Source: NewsWorks
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