Democrats Introduce Package of Legislation to Curb Workplace Harassment

HARRISBURG, PA, March 26, 2019 – Democrats from the Pennsylvania House and Senate today introduced a package of legislation aimed to curb harassment in the workplace, along with support from Governor Tom Wolf and Victim’s Advocate Jennifer Storm.

“As a caucus, we’ve worked with stakeholders and advocates and our own employees to craft a package of legislation that we believe can curb sexual harassment and do more to protect its victims,” said Senate Democratic Leader Jay Costa, Jr. “Each of our bills in this package is aimed at expanding protections to individuals regardless of the size or type of their employment, because time is up on workplace harassment.”

“Workplace sexual harassment and discrimination didn’t begin overnight, and so it will take some time to properly correct,” Gov. Wolf said. “It’s not as easy as putting a few big-name figures in jail. We need to identify the everyday behaviors and correct them if we want Pennsylvania to be a great place to live and work. People can’t do their best work when they feel uncomfortable. You deserve to be treated in a way that meets basic standards that represent how we want all workers in Pennsylvania to act, and you should be treated with the respect and dignity that all workers in Pennsylvania deserve. That’s why I’m advocating for legislation to prevent workplace sexual harassment and discrimination in both the public and private sectors.”

The bills will be introduced in identical form in each chamber. They do the following:

  • Cover contractors and unpaid interns under the protections of the Human Relations Act
  • Amend the Human Relations Act to require employers to provide training to employees and to require standardized fair practice postings to specifically include examples of harassment and discrimination
  • Require sexual harassment training for lobbyists
  • Extend the Human Relations Act to include domestic workers
  • Provide right to jury trial, punitive damages and an extended statute of limitations under the Whistleblower Bill
  • Expand the Human Relations Act to include coverage from four employees to one employee, add the right to a jury trial, punitive damages, attorney fees and extend the statute of limitations
  • Require employers to adopt written workplace harassment policies and reporting procedures
  • Add sexual orientation and gender expression or identity to the list of classifications protected under the Pa. Human Relations Act

“For years, workplace harassment has been a pervasive issue in career fields across Pennsylvania and this nation. We need to harness the momentum and strength of the #MeToo movement and reverse years of discrimination in the workplace,” said Senator Larry Farnese. “No one, regardless of gender, race, or sexual orientation, should be pressured by, or suffer from, the weight of workplace harassment.” 

“We need to make it clear that there is no place for any form of harassment and there will be no tolerance for it either,” said Senator Wayne D. Fontana. “With this legislative package, we are taking definitive steps that both send a strong message and back it up with substantive changes to how harassment can be prevented, how it should be handled and how victims should be treated.”

“Protecting whistleblowers on workplace harassment and discrimination is a small part of the solution to change our culture.” said Senator Haywood. “I am introducing this legislation again knowing that we have a long way to go.”

 “In today’s business climate, when employers often turn to independent contractors and unpaid interns to fulfill their staffing needs, Pennsylvania law must account for and protect all worker classifications. Everyone is entitled to a workplace that is free of harassment and discrimination,” Senator Tartaglione said.

For more information, visit PaSenate.com/harassment 

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Senators Williams, Costa, and Hughes Introduce PA Workplace Freedom Act

Pittsburgh, Pa. − March 14, 2019 − Senators Lindsey M. Williams, Jay Costa, and Vincent J. Hughes, joined by local elected officials, Allegheny County Labor Council members, and a crowd of union workers, announced the introduction of the Workplace Freedom Act today at the Allegheny County Courthouse.

The Workplace Freedom Act legislation protects Pennsylvania workers by strengthening collective bargaining in two ways. First, it eliminates the requirement for a two-tiered election process by allowing for a simple card check where expressing majority support would be sufficient. Second, it requires access to certified unions to new employees so that union membership benefits can be clearly explained.

“I get really fired up when someone says ‘I’m not anti-union. I love those building trades. I just don’t like public sector unions,’” said Senator Williams. “But that isn’t how being pro-union works. First, an injury to one is an injury to all. Second, the statement that ‘I don’t like public sector unions’ vastly discounts the wide variety of public sector workers represented by unions, including our firefighters, 911 operators, police officers, Fish and Boat Commission officers, and even public works employees, electricians, and carpenters at government agencies across the Commonwealth.”

“Unions have long helped workers earn better wages, health care, safety and retirement benefits, which is why we want to ensure unions can continue to work for future members,” Sen. Hughes said. “Pennsylvania workers have seen their greatest gains through the negotiating power of the unions and will not tolerate further erosion of these critical institutions that put worker benefits first.”

“It’s time for elected officials to take a stand,” said Senator Costa. “Working families need elected leaders to stand up to attacks on union rights, and instead create more opportunities for Pennsylvanians to have the freedom to join and form unions. That’s why I’m signing on to the PA Workforce Freedom Act.”
 

Representative Dan Miller also spoke at the press conference, as well as SEIU members Caitlin Schroering, Pitt Graduate Student Organizing Committee and fourth year Ph.D. candidate; Nick Theis, UPMC Worker Organizing Committee and Medical Researcher at UPMC; Pam Johnston, SEIU 32BJ Executive Board Member and building cleaner at the University of Pittsburgh; and Wanda Smith, SEIU 668 Chapter Chair and supervisor at the Allegheny County Assistance Office.

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Joint State Legislative Hearing in Clairton Focuses on Improving Air Quality

Clairton, February 7, 2019 – With an overflow crowd of steel workers and concerned citizens in attendance at Clairton City Hall, a joint state Senate-House Democratic Policy Committee hearing was held today on ways to improve air quality, community notification procedures and emergency response.

The hearing was held in Clairton at the request of state Senator Jim Brewster (D-Allegheny/Westmoreland) and Representative Austin Davis (D-Allegheny). It was prompted by a December 24, 2018, fire at the Clairton Coke Works that resulted in emissions of high levels of sulfur dioxide and damage to the facility’s gas processing system.  

“We need to see to it that air quality standards are properly monitored, and that local emergency response and community notification procedures are accurate and timely,” Brewster said. “To accomplish this goal, we must bring together officials from U.S. Steel, the Allegheny County Department of Health, local governments, labor organizations and emergency responders.  We need to both address air quality issues and protect good paying jobs in the industry.”

Davis added, “Improving the air quality in our communities is my top priority. I appreciate the testimony of all stakeholders. As we look to improve air quality it’s imperative that we look for effective ways to do so.”

The hearing was jointly chaired by state Sen. Lisa Boscola (D-Northampton/Lehigh) and state Rep. Mike Sturla (D-Lancaster).

“Being raised in the shadow of the Bethlehem Steel plant, I am well aware of the seriousness of air quality issues and how communities such as Clairton must balance an economic reliance on good industrial jobs against health and environmental issues,” Boscola said.

Sturla added, “I thank Representative Davis for bringing this important issue to the House Democratic Policy Committee’s attention. This joint public hearing helps ensure that all perspectives are heard as the legislature looks for effective ways to improve air quality.”

Claiming that U.S Steel is committed to keeping the coke works operational and doing more to improve its environmental efforts, Chris Masciantonio, who serves as Director of Government Affairs & Public Policy for U.S. Steel, said, “The Mon Valley community is more than just the company’s home; it’s our company’s birthplace and where our employees work and live. The safety of our employees, our partnering contractors and our neighboring communities is paramount to our efforts.”

Masciantonio argued that placing the plant on hot idle, as some environmentalists have urged, would be a lengthy, difficult and costly process.

Don Furko, who serves as president of the United Steelworkers Local #1557, added, “Simply put, if U.S. Steel ends up idling batteries, our members will lose their jobs. This will begin a chain of events that will have a devastating impact on them, their families and our communities across the Mon Valley.”

Members of environmental organizations and Dr. Deborah Gentile of Pittsburgh testified that residents of the Mon Valley have been exposed to pollutants for decades. They said the pollution level and related health threats were compounded by the recent fire and emission exceedance.

Some of the environmentalists called for greater U.S. Steel efforts to comply with health and safety dictates and reduce pollution discharges. They also called on the Allegheny County Department of Health to step up monitoring, enforcement vigilance and provide more responsive public notification when problems arise.

Dr. Karen Hacker, director of the county health department, said the department has already ramped up its enforcement efforts. She said her agency has imposed direct enforcement orders and civil penalties. She said the department’s expanded legal team has also stepped up inspections, toughened penalties and collaborated with state and federal environmental enforcement agencies.

“The department will continue to be proactive and aggressive to improve air quality in our county, as our actions indicate,” she said. “We will continue to improve our communication via our current strategies through additional opportunities such as mobile phone applications and direct communication with citizens, municipal leaders and legislators.”

The hearing follows a January 22 public meeting in Clairton.  Brewster, Davis and Senate Democratic Leader Jay Costa (D-Allegheny) and Rep. Bill Kortz (D-Allegheny) and Austin Davis (D-Allegheny) were also updated on January 25 by officials from the Allegheny County Health Department.

Joining Brewster, Boscola and Costa at today’s hearing were Senators Wayne Fontana (D-Allegheny) and Lindsey Williams (D-Allegheny). In addition to Davis, Sturla and Kortz, Representatives Summer Lee, Ed Gainey, Dan Miller, Brandon Markosek and Sara Innamorato (all D-Allegheny) attended.

Those who testified included:

Panel from U.S. Steel Corporation:

  • Chris Masciantonio, Director of Government Affairs & Public Policy
  • Mike Rhoades, Plant Manager, Clairton Coke Works
  • Tishie Woodwell, General Manager, Environmental Affairs
  • Kurt Barshick, General Manager, Mon Valley Works
  • Jim Futrell, Vice President of Market Research and Analysis, Allegheny Conference on Community Development

Panel from Allegheny County Health Department:

  • Dr. Karen Hacker, Director
  • Jim Kelly, Deputy Director for Environmental Health
  • Michael Parker, Solicitor
  • Dr. LuAnn Brink, Chief Epidemiologist

Panel from area unions:

  • Don Furko, President, United Steel Workers Local 1557
  • Jeff Nobers, Executive Director, Builders Guild of Western Pennsylvania
  • Ken Broadbent, Business Manager, Steamfitters Local Union 449

Panel of health and environmental advocates:

  • Dr. Deborah Gentile, Physician, Pediatric Alliance
  • Rachel Filippini, Executive Director, Group Against Smog & Pollution
  • Matt Mehalik, Executive Director, Breathe Project
  • Ashleigh Deemer, Western Pennsylvania Director, PennEnvironment

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Senator Costa to Introduce Legislation to Halt UPMC Highmark Divorce, Require Productive, Ongoing Relationship for Benefit of Healthcare Consumers

Pittsburgh, Pa. − February 6, 2019 − Senate Democratic Leader Jay Costa, Jr. today circulated a memo seeking cosponsors for legislation that would require UPMC and Highmark to either contract with each other for services or enter mandatory arbitration if they fail to come to an agreement on their own.

The bill addresses the issue of integrated delivery networks throughout the Commonwealth; however, this issue is particularly problematic in southwestern Pennsylvania given the ongoing dispute between UPMC and Highmark. While the two are currently operating under a consent decree, that order will expire in June of this year.

Under existing law, there is no mechanism to resolve contract disputes between large integrated delivery networks, like UPMC, Allegheny Health Network, and Geisinger, which could threaten patient access and choice. Under Senator Costa’s legislation, if networks fail to come to an agreement on their own, they would be compelled to enter mandatory arbitration to settle the dispute.

“Both parties need to come to the table, negotiate and cultivate a relationship that will allow the residents of Western Pennsylvania to get the care they need. It’s time to undo the damage caused by the divorce of these two companies. Disputes between enormous, profitable companies cannot get in the way of patients and their care,” said Senator Costa. “Health care consumers should not have to worry about whether their insurance will be accepted when they’re sick, injured or simply seeking preventive care. Their only worry should be getting healthy. This legislation can relieve that stress and establish consistency for integrated delivery networks.”

There are strong consumer protection and public policy reasons for adopting this legislation.

First, by requiring hospitals and physicians operating as part of an integrated delivery network to contract with all insurers, consumers will not be denied care, or worse abandoned mid-treatment, simply because they hold one type of insurance over another. All consumers should be afforded access to these vital hospital and physician services, regardless of which insurance card they carry.

Second, the legislation will also eliminate the ability of any dominant hospital system from demanding unreasonable rates for services from insurers, and in turn raising the overall cost of health care because they are the “must have” system in the area.

For more information on the legislation, read the full cosponsorship memo and follow its progress here.

Senator Costa & Rep Deluca Announce $3 Million Grant for Project in Penn Hills

Penn Hills, Pa. – February 1, 2019 – Today, Senator Jay Costa and Representative Tony DeLuca announced $3 million in state funds for a roadway project in Penn Hills Township.

The grant comes from the Multimodal Fund and will be used to repave and improve roadways throughout the township most in need of repair, complete ADA-compliant cut-outs and sidewalks, and make streets more accessible for bicycle traffic.

“Livable, walkable communities are one of the reasons that folks move to our area and this grant will make huge improvements in accessibility for Penn Hills,” said Senator Costa. “I look forward to seeing this project through, and opening up our roadways for pedestrians and cyclists to commute safely.”

“When one thinks of improving infrastructure, one tends to think of building a new road or fixing a bridge, but repaving roads and making them and sidewalks more pedestrian- and cyclist-friendly is all part of building better infrastructure, which is key in making one’s community a safer place to live for everyone,” DeLuca said. “This grant is welcome news.”

The Multimodal Transportation Fund provides grants to encourage economic development and ensure that a safe and reliable system of transportation is available to the residents of the commonwealth.

Funds may be used for the development, rehabilitation and enhancement of transportation assets to existing communities, streetscape, lighting, sidewalk enhancement, pedestrian safety, connectivity of transportation assets and transit-oriented development.

Legislators, County Health Department Officials Discuss Clairton Coke Works Fire, Aftermath

Brewster, Costa, Kortz, Davis receive update during morning conference call

McKeesport – January 25, 2019 – State Sens. Jim Brewster (D-Allegheny/Westmoreland), Jay Costa (D-Allegheny) and state Reps. Bill Kortz (D-Allegheny) and Austin Davis (D-Allegheny) received an update from officials from the Allegheny County Health Department concerning the Dec. 24 fire at U.S. Steel’s Clairton Coke Works.

The update was provided during a morning conference call. 

“We had a discussion with Dr. Karen Hacker and her team at the health department about the fire and its aftermath,” Brewster said.  “Conversations will continue at a public meeting on February 7 at the Clairton Municipal Building.”

Brewster said the discussion focused on proper community notification procedures, air quality monitoring, improving communications and emergency response.  He said the county officials pledged that these issues would be covered at the February public meeting. 

The fire damaged the coke work’s gas processing system.  The fire and response were the focus of a public meeting held in Clairton earlier this week.

Brewster said that additional information would be available at a public meeting, which is a joint Senate-House Democratic Policy Committee hearing, scheduled for Feb. 7 beginning at 12 noon at the municipal building, 551 Ravensburg Boulevard, Clairton.

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