9/23/11

BigLabor Violence-H8 Update

It's a perfectly legitimate collective bargaining tactic

The union violence as a ‘legitimate union activity’ that the AFL-CIO’s Newman is referring to is a 1973 U.S. Supreme Court case called United States vs. Enmons, in which the Supremes upheld a District Court ruling determining that unions could not be found in violation of an anti-racketeering law called the Hobbs Act if the violence was in pursuit of legitimate union objectives.

In 1946 Congress passed the Hobbs Act, aimed at a wide spectrum of union violence. Among other things, it defined criminal extortion as “the obtaining of property . . . by wrongful use of actual or threatened force, violence or fear [emphasis added].” In using the word “wrongful,” Kendrick says, “Congress left a narrow opening through which the U.S. Supreme Court would push a bulldozer in 1973.” In its decision in United States v. Enmons, the Court upheld a lower court ruling that three electrical union members indicted for sabotaging a substation and other violence had done nothing illegal because they were pursuing “legitimate” union objectives.

Actually, the ‘sabotage’ to the substation (referred to above) was described in the Enmons decision as the “firing high-powered rifles at three Company transformers, draining the oil from a Company transformer, and blowing up a transformer substation owned by the Company.” However, since it was done during a lawful strike, it did not fall under the Court’s definition of extortion under the Hobbs Act.

(see full story from laborunionreport at redstate.com)






Class struggle(in Marxist ideology) the conflict of interests between the workers and the ruling class in a capitalist society, regarded as inevitably violent.

ABC News: Union Violence Plagues U.S.

Thugs, courts deny social justice in America's workplaces
In Hamburg, New York, near Buffalo, leaders of the International Union of Operating Engineers Local 17 stand accused of violent acts, threats of violence, and destruction of property. The defendants have denied the allegations, according to the Buffalo News.

According to court papers and to coverage by the Buffalo News, the charges against them include stabbing a knife into the neck of a construction company president, throwing hot coffee at non-union workers, pouring sand into gas tanks and transmissions of 17 construction vehicles, and threatening sexual assault against the wife of a company representative. The racketeering case was first filed in 2008.

According to court papers, the executive who was stabbed in the neck asked a union organizer what benefit he would get if he hired members of the union. "You guys slash my tires, stab me in the neck, try to beat me up," he protested. "What are the positives?"

"The positives," reportedly replied the organizer, "are that the negatives you are complaining about would go away."
(from abcnews.go.com)

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Class struggle(in Marxist ideology) the conflict of interests between the workers and the ruling class in a capitalist society, regarded as inevitably violent.

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