United States v. Enmons
Encyclopedia
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 case involved a labor strike in which union members fired rifles at three utility company transformers, drained the oil from another, and blew up an entire company substation. The labor union in question was seeking a higher-pay contract and other benefits from their employer, the Gulf States Utilities Company. The Court decided that the union involved was immune from prosecution because their violent acts were in pursuit of a legitimate union objective.
, which states that anyone attempting to affect or obstruct commerce through violence or the threat of violence against any person or property "shall be fined not more than $10,000 or imprisoned not more than twenty years, or both." The indictment argued that the union members obstructed commerce with their actions against the Utilities Company, and attempted to "obtain the property of [their employer] in the form of wages and other things of value" by using the wrongful use of force and the fear of economic loss.
The court acknowledged that using threats and force to obtain property is wrongful. However, the court reasoned that it is considered "wrongful" only when the perpetrator has no "legitimate claim" to it. Since federal law empowers unions with the right to strike
, the use of violence to secure higher pay and benefits was not extortion
. The case was dismissed. The court's ruling set a legal precedent where violent acts against an employer by workers on strike, including destruction of property, assault, and homicide
, are not punishable offenses under federal law. They can, however, be punishable under state or federal civil and criminal laws. These laws can include assault and battery, murder, and theft, among others.
In understanding Enmons, it is important to keep in mind that what the Hobbs Act outlaws is extortion, not just any bad act. Federal law, in particular the National Labor Relations Act
, says that collective bargaining and strikes in support of collective bargaining goals are legal and protected. Therefore, since collective bargaining is purpose that is not extortion, one of the key elements of a Hobbs Act violation is not met.
,
Some critics argue that the Enmons decision has been a major factor in increasing corruption among union and government officials alike. Economist and former professor Morgan Reynolds wrote:
However, others argue the FUVA has 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.
Since 1973, a number of bills have been proposed to overturn US v. Enmons. The Freedom from Union Violence Act
(FUVA) was introduced on January 29, 1997. It was opposed by unions and the bill did not pass. The bill was introduced again in 2007, but did not become law.
2. Freedom and American Labor Relations Law: 1946-1996
3. Congress Has Chance to End Union Violence
4. Small Business and Entrepreneurship Council: Union's Bad Name Moving toward cleanup
5. The "Enmons" Loophole: A Need 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...
.
The case involved a labor strike in which union members fired rifles at three utility company transformers, drained the oil from another, and blew up an entire company substation. The labor union in question was seeking a higher-pay contract and other benefits from their employer, the Gulf States Utilities Company. The Court decided that the union involved was immune from prosecution because their violent acts were in pursuit of a legitimate union objective.
Details of the case
The indictment against the alleged conspirators charged them with being in violation of the Hobbs ActHobbs 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...
, which states that anyone attempting to affect or obstruct commerce through violence or the threat of violence against any person or property "shall be fined not more than $10,000 or imprisoned not more than twenty years, or both." The indictment argued that the union members obstructed commerce with their actions against the Utilities Company, and attempted to "obtain the property of [their employer] in the form of wages and other things of value" by using the wrongful use of force and the fear of economic loss.
The court acknowledged that using threats and force to obtain property is wrongful. However, the court reasoned that it is considered "wrongful" only when the perpetrator has no "legitimate claim" to it. Since federal law empowers unions with the right to strike
Strike action
Strike action, also called labour strike, on strike, greve , or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became important during the industrial revolution, when mass labour became...
, the use of violence to secure higher pay and benefits was not extortion
Extortion
Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...
. The case was dismissed. The court's ruling set a legal precedent where violent acts against an employer by workers on strike, including destruction of property, assault, and homicide
Homicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
, are not punishable offenses under federal law. They can, however, be punishable under state or federal civil and criminal laws. These laws can include assault and battery, murder, and theft, among others.
In understanding Enmons, it is important to keep in mind that what the Hobbs Act outlaws is extortion, not just any bad act. Federal law, in particular the National Labor Relations Act
National Labor Relations Act
The National Labor Relations Act or Wagner Act , is a 1935 United States federal law that limits the means with which employers may react to workers in the private sector who create labor unions , engage in collective bargaining, and take part in strikes and other forms of concerted activity in...
, says that collective bargaining and strikes in support of collective bargaining goals are legal and protected. Therefore, since collective bargaining is purpose that is not extortion, one of the key elements of a Hobbs Act violation is not met.
Controversy
While labor unions as a whole are exempt from prosecution, individual members can still be held accountable and prosecuted according to local laws. However, evidence suggests that this rarely is the case. According to a 1998 policy analysis by the Cato InstituteCato Institute
The Cato Institute is a libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Edward H. Crane, who remains president and CEO, and Charles Koch, chairman of the board and chief executive officer of the conglomerate Koch Industries, Inc., the largest privately held...
,
"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 [the Enmons ruling]. 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."
Some critics argue that the Enmons decision has been a major factor in increasing corruption among union and government officials alike. Economist and former professor Morgan Reynolds wrote:
It is difficult to tell racketeer-controlled unions from other unions, because both types depend on violence and the threat of violence…The plain truth is that our labor laws have arranged incentives so that honest, noncoercive union officials find it difficult to survive in competition with the muscleman types."
However, others argue the FUVA has 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
Since 1973, a number of bills have been proposed to overturn US v. Enmons. The Freedom from Union Violence Act
Freedom from Union Violence Act
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...
(FUVA) was introduced on January 29, 1997. It was opposed by unions and the bill did not pass. The bill was introduced again in 2007, but did not become law.
External links
1. Union Corruption: Why it happens, How to combat it2. Freedom and American Labor Relations Law: 1946-1996
3. Congress Has Chance to End Union Violence
4. Small Business and Entrepreneurship Council: Union's Bad Name Moving toward cleanup
5. The "Enmons" Loophole: A Need to Amend the Hobbs Act.