Posts tagged assaults
Organized Labor’s Violent Privilege: The Supreme Court Loophole Shielding Union Officials from Prosecution
May 27, 2026 // Under federal precedent, they can often destroy property, assault workers, threaten communities, and even commit murder with reduced risk of serious prosecution — as long as the acts advance “legitimate union objectives” such as higher wages or work rules. This extraordinary immunity stems primarily from the U.S. Supreme Court’s 1973 ruling in United States v. Emmons, which gutted key provisions of the Hobbs Act. Combined with practical limitations in the Racketeer Influenced and Corrupt Organizations Act (RICO), it has created a regime where violence during labor disputes is frequently treated differently under the law. The Emmons Decision: A Judicial Loophole In United States v. Emmons, 410 U.S. 396 (1973), three IBEW members were indicted for firing high-powered rifles at utility transformers, draining oil from equipment, and blowing up a substation during a strike. The Supreme Court held that such violence did not constitute “wrongful” extortion under the Hobbs Act (18 U.S.C. § 1951) because the union had a “claim of right” to pursue legitimate bargaining goals.
How New York Can Prevent Another Prison Worker Strike
March 7, 2025 // The governor should hold both sides to account. She needs a handshake deal with lawmakers to restore some of the discretion that prison superintendents previously wielded to impose solitary confinement in the most extreme cases. Such an agreement can be codified in the forthcoming state budget. In return, state law should require every DOCCS employee to wear a body camera whenever in the presence of an inmate and give the department more latitude in curbing the arrival of drugs and contraband. Finally, Hochul needs to identify and terminate the strike’s instigators. Any capitulation, real or perceived, will tempt other public employees to instigate their own illegal strikes—though some of damage in this regard has already been done.
Maple Grove Hospital nurses vote to unionize with MNA
January 30, 2025 // Twin Cities hospital systems have negotiated their nurse contracts concurrently, in part to avoid one-upping each other with escalating wages and benefits, but the end result is a mega-event every three years in which the union seizes on the collective voices of so many nurses bargaining at once.