Cato Policy Analysis No. 316 September 9, 1998

Policy Analysis
Freedom from Union Violence

by David Kendrick

David Kendrick is program director at the National Institute for Labor
Relations Research.

Executive Summary

Under the Supreme Court's 1973 Enmons decision, vandalism, assault, even
murder by union officials are exempt from federal anti-extortion law. As
long as the violence is aimed at obtaining property for which the union can
assert a "lawful claim"--for example, wage or benefit increases-- the
violence is deemed to be in furtherance of "legitimate" union objectives. By
the Court's peculiar logic, such violence does not count as extortion.

The result has been an epidemic of union-related violence. The National
Institute for Labor Relations Research (NILRR) has recorded 8,799 incidents
of violence from news reports since 1975. Those reports show only 258
convictions, suggesting a conviction rate of less than 3 percent. Moreover,
local law enforcement authorities often get many more reports of strike
violence than journalists can possibly cover.

Many states have taken a cue from the high Court by enacting their own
extortion laws with exemptions similar to those established by Enmons. As a
result, employees trying to support their families during a violent strike
are now denied protection against extortion under both state and federal
laws.

Because the federal government for six decades has immersed itself in labor
law under the rubric of the National Labor Relations Act (NLRA), federal
action is necessary to see that violence does not accompany the exercise of
powers created by that statute. One avenue for relief is the Freedom from
Union Violence Act (FUVA), which targets all extortionate activity, even if
committed by union militants in pursuit of "legitimate" objectives.


"Thom Stewart" wrote in message
...
Neal,

Bluntly; "You're full of ****!"

This is sent to you from a non-union person; ME. I was transferred to
the NW because of my feeling for a Non-union environment. We started and
ran a non-union Refinery. ARCO

You have to be out of your "Cotton Picking Mind" to think that the
Outsourcing of our Industry is happening to escape "Greed". It is being
driven by Greed. The mentality of "Higher Profits", that is the Greed.
If you can't see that, then you are one of those people "Blind because
you refuse to See!"

Be sure that you will see unions blossoming where this greed is taking
place. Management Greed is the seed of unionism. The is what they feed
on. As they feed and grow, corruption happens.

Ole Thom