Freedom from Union Violence Act
Encyclopedia
The Freedom from Union Violence Act of 1997 and 2007 were identical bills proposed in the United States Congress
. Their intended purpose was to amend the Hobbs Act
and make violence committed in pursuit of labor union goals a federal crime. They would impose a fine of up to $100,000, 20 years imprisonment, or both, on labor unions that commit or threaten to use violence, extortion, or the obstruction of commerce in the furtherance of labor union goals and objectives.
The bills faced strong opposition from labor unions and others, especially for the clause that would disallow "obstruction of commerce," and failed to pass into law both times. Opponents noted that violence and extortion were already crimes, and argued that there was no need to pass a special law setting aside union violence and union extortion as being especially heinous.
, the ruling declared that the Hobbs Act
as written did not cover such incidents, and cited Congressional debates at the time of passage that it was not intended to. Still, nothing prevented a new law from being passed.
Proponents of the Freedom from Union Violence Act have attempted to portray the United States v. Enmons as giving legal immunity to unions who engage in violence, though such an interpretation is incorrect; violence would fall under normal state laws prohibiting such activity.
The National Right to Work Committee, a strong proponent of the FUVA [states]http://www.nrtwc.org/facts-issues/fuva.htm:
The NWRC position on FUVA may be found http://www.right-to-work.org/FactSheets/ViolenceFactSheet.pdf[here].
However, research has shown that the proponents of the FUVA have greatly exaggerated the existence of union violence. In a law review article, Julius G. Getman and F. Ray Marshall, The Continuing Assault on the Right to Strike, 79 Tex. L. Rev. 703, 712-13 (2001), law professor Julius Getman and former Secretary of Labor Ray Marshall, analyzed the evidence of union violence.
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
. Their intended purpose was to amend the Hobbs Act
Hobbs Act
The Hobbs Act, named after Congressman Sam Hobbs and codified at , is a U.S. federal law that prohibits actual or attempted robbery or extortion affecting interstate or foreign commerce. Section 1951 also proscribes conspiracy to commit robbery or extortion without reference to the conspiracy...
and make violence committed in pursuit of labor union goals a federal crime. They would impose a fine of up to $100,000, 20 years imprisonment, or both, on labor unions that commit or threaten to use violence, extortion, or the obstruction of commerce in the furtherance of labor union goals and objectives.
The bills faced strong opposition from labor unions and others, especially for the clause that would disallow "obstruction of commerce," and failed to pass into law both times. Opponents noted that violence and extortion were already crimes, and argued that there was no need to pass a special law setting aside union violence and union extortion as being especially heinous.
Background
The Hobbs Act, passed in 1946, was an anti-racketeering act intended to deter robbery and extortion across state lines. It was commonly used to prosecute unions involved in restraint-of-trade to intimidate management. In 1970, the federal government attempted to expand the Hobbs Act to be used against violence as well. The indictment was appealed all the way up to the Supreme Court, discussing whether the Hobbs Act could be construed to cover violence as well. In the 1973 Supreme Court case United States v. EnmonsUnited States v. Enmons
United States v. Enmons, is a controversial U.S. Supreme Court case which held that violence, if carried out in furtherance of a labor union's objectives, does not violate the law according to the extortion and robbery provisions of the federal anti-Racketeering Act of 1934 or the Hobbs Act.The...
, the ruling declared that the Hobbs Act
Hobbs Act
The Hobbs Act, named after Congressman Sam Hobbs and codified at , is a U.S. federal law that prohibits actual or attempted robbery or extortion affecting interstate or foreign commerce. Section 1951 also proscribes conspiracy to commit robbery or extortion without reference to the conspiracy...
as written did not cover such incidents, and cited Congressional debates at the time of passage that it was not intended to. Still, nothing prevented a new law from being passed.
Proponents of the Freedom from Union Violence Act have attempted to portray the United States v. Enmons as giving legal immunity to unions who engage in violence, though such an interpretation is incorrect; violence would fall under normal state laws prohibiting such activity.
The National Right to Work Committee, a strong proponent of the FUVA [states]http://www.nrtwc.org/facts-issues/fuva.htm:
The Freedom from Union Violence Act closes a loophole in the federal Hobbs Anti-Extortion Act, eliminating the special judicially-created exemption in this law for union-related violence and extortion and holding union officials to the same legal standards as other Americans.
This legislation would establish that the 1946 Hobbs Act applies to all Americans, including union officials seeking to advance so-called "legitimate union objectives." Present law offers this unique exemption for union officials.
NILRR union violence investigations have determined that union violence is responsible for at least 203 Americans deaths since 1975; 5,869 incidents of personal injury; and more than 6,435 incidents of vandalism and tens of millions of dollars in property damage.
The NWRC position on FUVA may be found http://www.right-to-work.org/FactSheets/ViolenceFactSheet.pdf[here].
However, research has shown that the proponents of the FUVA have greatly exaggerated the existence of union violence. In a law review article, Julius G. Getman and F. Ray Marshall, The Continuing Assault on the Right to Strike, 79 Tex. L. Rev. 703, 712-13 (2001), law professor Julius Getman and former Secretary of Labor Ray Marshall, analyzed the evidence of union violence.
The claim that strike violence is "escalating" has no empirical basis. Even the study conducted by the National Institute for Labor Relations Research - cited regularly as authority for this proposition by FUVA's proponents - draws no such conclusion. And the study itself is a scholarly monstrosity that seeks to study union violence by compiling media reports, mainly newspaper articles concerning strike violence. The Institute admits that it did not actually investigate any of the incidents reported and does not know if the reports are accurate. It concludes: "Because it relies on news accounts the Institute cannot guarantee the accuracy of the file itself." In fact, articles about employer-instigated violence are included in the study's effort to determine union violence. n59 It seems obvious that the methodology employed confuses those strikes most written about with those most violent. Further, the Institute includes incidents of "psychological violence; i.e., intimidation, coercion and verbal threats" - terms which it does not bother to define. It seems clear, however, that this definition would include nonviolent civil disobedience of the type used by the civil rights movement and increasingly by the labor movement. But whatever the definition, it is almost certain that strike-related violence has decreased since the Enmons decision because the number of strikes has declined significantly.
See also
- Union violence
- Anti-union violenceAnti-union violenceAnti-union violence may take the form of bullying of or aggression against union organisers or sympathisers in the workplace, or outside the workplace. It may happen at the instigation of management, may be committed by agents hired or recruited by management, or by government bodies or others...
- Opposition to trade unionsOpposition to trade unionsOpposition to trade unions comes from a variety of groups in society, and there are many different types of argument on which this opposition is based.-Strategic strikes and social disruption:...
- Wagner Act
- Hobbs ActHobbs ActThe Hobbs Act, named after Congressman Sam Hobbs and codified at , is a U.S. federal law that prohibits actual or attempted robbery or extortion affecting interstate or foreign commerce. Section 1951 also proscribes conspiracy to commit robbery or extortion without reference to the conspiracy...