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ing work site.  Mr. York left a wife and daughter to mourn

him.  The FBI was able to identify the shooter, a striking

UMW member named Jerry Lowe.

The state of West Virginia declined to try Mr. Lowe

for murder or even assault.  The FBI and U.S. Attorney

lacked the authority to bring murder charges except in

very limited cases.  Enmons foreclosed the possibility of

federal extortion charges.  Consequently, Mr. Lowe was

charged and convicted of nothing more serious than "inca-

pacitating" the driver of a vehicle on a federal roadway

while engaged in interstate commerce.  Had Eddie York been

shot on a state funded road, even that charge would have

been blocked.

After the UMW and the BCOA settled, however, the

National Labor Relations Board (NLRB) charged that the UMW

had violated a 1987 consent decree against further strike

violence, and asked a federal judge to fine the UMW $1.3

million and to order U.S. marshals to police any future

picket lines.  The NLRB went ahead with its suit even

though the BCOA, like Pittston, had dropped all of its

strike-related claims against the UMW.

One year after the High Court's ruling on the

Pittston fines, the NLRB settled, dropping its demand for

fines, its request for federal marshals and "agree[ing]

not to seek the assessment of coercive fines" for any mis-

conduct in 1993 or "any misconduct that may occur during

the next strike."59

Greyhound Bus

In March of 1990, Greyhound began using replacement

bus drivers after the Amalgamated Council of Greyhound

Local Unions called a strike.  In the months afterward,

snipers shot at the drivers 52 times, according to policy

analyst and author James Bovard.60  But in May, Jerry

Hunter, general counsel of the NLRB took action, not

against the union, but against Greyhound, for hiring

replacements.

The National Labor Relations Board is the federal

agency responsible for regulating labor-management rela-

tions under the National Labor Relations Act, which covers

all private sector employees except those working for air-

lines and railroads.  However, the NLRB has consistently

turned a blind eye to union violence.  As Bovard pointed

out, the NLRB has held since 1979 that it will charge

union officials with an "unfair labor practice" only if