Pennsylvania: it's Legal to Stalk, Harass or Threaten another Person as long as it is in connection with a Labor Dispute

In Pennsylvania, it is illegal to stalk, harass or threaten to use weapons of mass destruction against another person—unless those things are done in connection with a labor dispute. 

The carve-out in the state's criminal code came under increased scrutiny this year after ironworkers were indicted on charges of racketeering and arson in what federal prosecutors say was an attempt to ensure the hiring of union workers. Now, the state legislature is considering closing the 20-year-old loophole as soon as next month.

"Certainly, the right to strike and demonstrate and the right to free speech all need to be protected," said state Rep. Ron Miller, a Republican who introduced a measure to eliminate the exception. "The problem is when union activities are exempt from the criminal code."

Similar laws exist in a handful of states, such as Illinois, Nevada and California. In the latter, intimidating a business owner or refusing to leave the property of a business is a misdemeanor punishable by up to 90 days in county jail, except for people engaging in labor-union activities.

While rare, such exemptions have been a source of irritation for business groups—including the U.S. Chamber of Commerce—which have lobbied against them at the state level. 

The carve-outs in Pennsylvania also apply to management, not just labor groups, but state lawmakers say their aim is to curtail harassment by unions. Gov. Tom Corbett, a Republican, supports the legislation, a spokesman said. The GOP-controlled state House and Senate have passed different versions with bipartisan support and are working to marry them.

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