The Anti-Racketeering Act of 1934 (The Copeland Act) marked the beginning of the use of federal authority to prosecute and punish criminal acts of extortion affecting commerce.
The original bill contained no provision exempting misdeeds committed in furtherance of labor objectives. However, in response to union fears that the law could be applied to non-violent forms of protest, the bill was amended.
In later years, the Copeland Act was amended by the Hobbs Act, which eliminated the exemption from violent acts carried out in the name of legitimate objectives of bona-fide labor organizations, thereby supplementing state jurisdiction with federal jurisdiction in cases where interstate commerce is involved.
ABC strongly supports the Freedom from Union Violence Act of 2009 (H.R. 2537), introduced by Rep. Joe Wilson (R-SC). This legislation would amend the Hobbs Act to restore the effectiveness of prosecutions of serious cases of extortion and violence when they occur in the course of a legitimate labor dispute.
While unions have the right to attempt to organize workers, open shop companies and their employees also have the right to be protected from unwarranted harassment and violence. It is unethical for any group to manipulate the law to injure or destroy competitors, and unconscionable for the federal government to condone it. Violent acts should never be protected as an appropriate means to reach an organization’s objectives.
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ABC's legislative position on Union Violence/Hobbs Act