Should Union Members be Prohibited From Committing Acts of Violence or Sabotage in Pursuit of Union Goals? (H.R. 4422)

What is H.R. 4422?

(Updated July 25, 2019)

This bill ― the Freedom from Union Violence Act― would close a loophole in current law that technically allows militant union members to commit acts of extortionate violence or sabotage so long as they are in the pursuit of “legitimate union objectives.” The loophole stems from the Supreme Court’s decision in , which held that the Hobbs Act doesn’t prohibit union violence under those circumstances.

Argument in favor

By closing a loophole and holding some union members responsible for their destructive actions, we can further protect union members, government officials, and businesses from the sometimes-extortionate actions of a few.

Argument opposed

The actions of a few nefarious union members shouldn’t bring negative repercussions on unions as a whole and their means of maintaining members and professional objectives.

Impact

Union members; and businesses.

Cost of H.R. 4422

A CBO cost estimate is unavailable.

Additional Info

In-Depth: “Union violence is an ongoing problem, and it deserves no protection in federal law,” said the author Rep. Steve King (R-IA). “Because of the Supreme Court’s disastrous 1973 Emmons decision, striking thugs have license to engage in conduct against their employers and fellow employees which would be recognized as extortion in other contexts.”

King’s legislation seeks to close this loophole by amending the existing federal anti-racketeering legislation (the Hobbs Act) to impose a prison term of up to 20 years on anyone who “obstructs, delays, or affects commerce, by robbery or extortion, or attempts or conspires so to do, or commits or threatens physical violence to any person or property.

One recent example of such union violence occurred in Boston, as union operatives targeted the cast and crew of the popular reality cooking show, Top Chef, with harassment, violence, intimidation and derogatory threats. Ultimately the judge’s instructions to the jury, based on the  precedent, let the perpetrators off the hook.

Introduced in November of 2017, this bill is currently in the House Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Media:

• Sponsoring Rep. Steve King (R-IA) Press Release