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December 11, 2007
Companies Assert RICO Claims Against Unions
Kris Maher reports in yesterday's Wall Street Journal:
Employers are using laws originally aimed at organized crime to combat aggressive union organizing efforts that they claim amount to extortion.
Two lawsuits filed by employers in the past two months invoked the federal Racketeer Influenced and Corrupt Organizations Act, or RICO, to claim unions have tried to damage their reputations and businesses through public-relations campaigns and other tactics. In both suits, the companies claim the unions are spreading false and damaging information through flyers and the Internet and at demonstrations.
...
In October, Smithfield Foods Inc. filed suit against the United Food and Commercial Workers, which has been trying for more than a decade to organize 4,600 hourly workers at the company's Tar Heel, N.C., plant. The suit claims that the union's campaign, which includes calls to boycott all Smithfield products, is "designed to destroy Smithfield's public image and inflict maximum economic damage." [Smithfield additionally grounds its RICO suit on the UFCW's claim that Smithfield's Tar Heel workers face "poverty wages, brutal conditions, and crippling injuries," a claim the company disputes.]Wackenhut, a U.S. unit of London's Group 4 Securicor PLC, filed suit last month accusing the Service Employees International Union, which has been trying to organize the company's security guards, of using "strong-arm" tactics that have caused it to lose contracts with customers.
This tells me that the UFCW & SIEU's tactics are working. One can hardly blame unions for using unconventional organizing tactics, given that organizing law is so heavily stacked against them.
For more, see Firms Use RICO to Fight Union Tactics.
rb
December 11, 2007 in Labor Law | Permalink
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Comments
Is this the same Smithfield that has had about a million ULPs sustained against them?
Have they no shame?
Posted by: Per Son | Dec 11, 2007 11:21:24 AM
There is a vast difference between pointing out actual, verified flaws in the way a company treats its workers, and making up flaws to pressure the employer to sign a neutrality or card check agreement. I have seen unions lie in corporate campaigns, and if they do so in a way that it meets the qualifications for the predicate offenses under RICO, a RICO claim is appropriate.
What's ironic is that unions do these corporate campaigns, and then fight when the company files for an election. In my experience, unions usually win elections when they can describe exactly how they are going to help the employees. If you simply demonstrate how you can hurt the company, you absolutely will be caught flat footed when the employer files for an election, because you have only been negative - and accomplished nothing positive. And if you can't show employees how you will help them? Maybe they don't need a union....
Posted by: Tor | Dec 12, 2007 2:37:13 PM
California's gaming tribes are trying to keep the unions out. Four of the richest signed sweetheart deals with Schwarzenegger that are anti-labor.
Can an employer require employees to wear political uniforms as part of their uniforms? There are four propositions out here for expanded gaming and the Pechanga Band of Luiseno Mission Indians are requiring their employees to wear YES on Prop. 94, 95,96,97. What if the employee does not agree with the employer on the issues?
Posted by: Original Pechanga | Dec 23, 2007 7:54:11 AM