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No. 316

September 9, 1998

FREEDOM FROM UNION VIOLENCE

by David Kendrick

Executive Summary

Under the Supreme Court's 1973 Enmons decision, vandal-

ism, 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 vio-

lence does not count as extortion.

The result has been an epidemic of union-related vio-

lence.  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 convic-

tions, 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 possi-

bly 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 nec-

essary 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 mili-

tants in pursuit of "legitimate" objectives.

____________________________________________________________

David Kendrick is program director at the National Institute

for Labor Relations Research.