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2004 Convention Resolutions

Resolution No. 16

STRIKES/INJUNCTIONS

WHEREAS, The Norris/LaGuardia Act prohibits Federal courts from issuing an injunction in a bona fide strike between an employer and the workforce; and

Pennsylvania’s “Little” Norris/LaGuardia Act prohibits state courts from issuing injunctions in a bona fide strike; and

The courts, at both the Federal and State levels, have rewritten the     anti-injunction prohibition to allow for injunctions where it is considered that the strikers have “taken control of the facility or plant” or “mass picketing;” and

The courts’ interpretation that limits the anti-injunction requirement, should not apply where the employer uses replacement workers (SCABS).

THEREFORE, BE IT RESOLVED, That the Pennsylvania AFL-CIO strongly support an amendment to the Anti-Injunction Statutes, at both the National and State levels, that unambiguously prohibit the issuance of any injunction where strikebreakers (SCABS) are hired by the employer; and

THEREFORE, BE IT FURTHER RESOLVED, That the Pennsylvania AFL-CIO support Federal and State legislation that would clarify the judicially created law allowing injunction under the “mass picketing” provisions of the State and Federal Norris/LaGuardia Acts and define “mass picketing” to apply only in situations of actual physical prevention of entrance or exit from the site or sites involved in the Labor dispute.

Submitted by:

            PENNSYLVANIA AFL-CIO EXECUTIVE COUNCIL

Referred to:               Legislation Committee

Committee Action:           

Convention Action:           

        

   

         

          

   

         

 

          

        

        

 

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