Posts tagged Hobbs Act
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.
A crackdown on political violence that quietly worked
October 1, 2025 // First, various arms of the federal government have conflicting interpretations over whether employers have the obligation to protect workers from union-related harassment in the workplace or are prohibited from protecting workers from union-related harassment in the workplace. The Institute for the American Worker (I4AW), a labor-policy think tank aligned with the Taft-Hartley Consensus, calls this paradox the “Battle of the 7s” after the relevant, conflicting portions of law, Title VII of the Civil Rights Act (CRA) and Section 7 of the National Labor Relations Act (NLRA). The Equal Employment Opportunity Commission (EEOC), which enforces the CRA, requires employers to prevent workplace harassment, and I4AW reports that its guidance has held that “insults and slurs could trigger liability under Title VII.” Meanwhile, the National Labor Relations Board (NLRB) under the Biden administration ruled that the NLRA protected certain “blatantly discriminatory or harassing language in the workplace, so long as the comments are made in the context of labor union activity.” In addition to creating an apparently unresolvable legal paradox for an employer, this dichotomy seems to tell Big Labor that its misconduct does not matter to public policy and is a wink-and-nod tolerance of it.
Union and Port Employee Arrested in $1.2M Puerto Rico Extortion Scheme
August 18, 2022 // U.S. authorities in Puerto Rico arrested the president of the longshore union local, a port employee, and five others on charges of organized crime and extorting more than $1.2 million from shipping companies in the San Jun as well as cheating the union benefits fund. With a list of charges reading like the famed 1950s waterfront cases, the U.S. attorney said the FBI-led investigation showed the scheme had been operating since at least 2005. Puerto Rico Port Authority, Megan Underwood, Northeastern Regional Director of the Office of Labor-Management Standards, Ali Khawar, Acting Assistant Secretary of Labor, Employee Benefits Security Administration
The Employee Rights Act Puts American Workers, Not Union Bosses, in the Driver’s Seat
April 13, 2022 // The Employee Rights Act contains several other provisions to protect workers from union intimidation. The bill criminalizes union threats in the workplace and bans unions from using personal employee data for anything unrelated to campaigns, taking Big Labor’s most aggressive and unethical tactics off the table. The bill also prohibits union “salting,” a tactic where a union pays an individual to apply for a job within a company that has not yet been unionized. Instead of becoming a productive employee, the “salt” is there to organize a union and be Big Labor’s mole on the inside.