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This book combines broad and dubious historical claims about organized
crime and the American labor movement with useful case studies of
government trusteeships of certain corrupt unions. From the early,
bloody days of union history, Jacobs argues, criminals entered labor
conflicts on both sides. Mobsters discovered that unions gave them
access to pensions funds, labor supplies, and leverage over employers,
leading to "permanent organized crime infiltration." Craft unions
were the hardest hit, as criminals intimidated unions, employers,
and dissidents. In 1957–59, the McClellan Committee "exposed
serious corruption," which the AFL-CIO failed to address adequately.
Beginning in the 1980s, the FBI and the Department of Justice took
a new tack, filing twenty civil RICO suits involving unions.
Many of Jacobs's claims are inaccurate,
exaggerated, insufficiently supported, or unclear. Beyond some
basic factual errors (e.g., the CIO split from the AFL in 1935,
not 1938; Walter Reuther did not succeed John L. Lewis as CIO
president), Jacobs asserts, with little or no support, that extensive
criminal involvement with unions is unique to America; that Sidney
Hillman hired a hit man from Murder Incorporated to influence
labor relations; and that labor racketeering in New York City
is similar to that in "other U.S. cities with strong union traditions."
He also hedges as to the nature of the problem: "most" labor leaders
have "accommodated" labor racketeers; but, "there is no suggestion
that labor unions are more corrupt, than . . . corporations,
government, or the legal profession." A table is titled, "A Sample
of Unions Reputed to Have Been Infiltrated by [Criminals] at Some
Time." While "a sample" implies more existed, "reputed to be infiltrated"
does not mean "infiltrated." Jacobs generalizes about the entire
labor movement, but almost all the examples in this table involve
five unions—the Teamsters, HERE, the ILA, LIUNA, and the
Carpenters. The Teamsters alone account for over half.
Too often, Jacobs treats sensational,
anti-union sources uncritically. The McClellan Committee heard
much politically motivated, dubious, and biased testimony on its
way to drafting the LMRDA. Labor was right to worry that
Congress sought "not an anti-corruption bill, but an anti-labor
bill." Jacobs also misses the union perspective. Even well-intentioned
reformers typically haven't known or, arguably, cared about building
strong unions. Why shouldn't labor have been suspicious
when the anti-union Reagan Administration took over the Teamsters?
Would any trustee call for a national trucking strike?
Jacobs's studies of RICO proceedings
are more valuable. The government showed that defendants used
specified criminal means to influence unions through a pattern
of racketeering. Courts ordered the removal of union officials,
severing of contacts between unions and organized crime figures,
and trusteeships. Jacobs provides chapter-length descriptions
of cases involving Teamsters Local 560, New York City's District
Council of Carpenters, and "The Four International Unions" (Teamsters,
LIUNA, HERE, and the ILA). The Teamster trusteeship was "partially
successful," but a "dark shadow" over the union's "commitment
to reform" remains. HERE's current president "bears no organized
crime taint," but the union is not clearly purged of criminal
influence. LIUNA's trusteeship brought "many important successes"
but "no sign of union democracy." "The reformers are regarded
as ´government men' or ´policemen.'"
Jacobs counts only five of the
twenty RICO trusteeships as entirely or "substantially successful."
Still, RICO trusteeships are "the best weapon" for the problem.
Jacobs describes what he believed did and did not work, and why.
Selecting a good trustee is especially important.
Some of his proposals could reasonably
be debated. Amending the Hobbs Act (1946) to cover union violence
regardless of whether a "legitimate union activity or objective"
was involved would overturn U.S. v. Enmons (1973), which
held that striker violence aimed at furthering legitimate union
goals is not criminal extortion. Hobbs Act violations qualify
as a predicate offense under RICO. Thus, Jacobs would make picket
line violence during a legal strike for better pay—already
punishable under state law—a serious federal crime with
"draconian punishments" and the gateway to trusteeship. Jacobs's
recommendation that union elections be reversed when union violence
had occurred, even without a finding that it affected the election,
would significantly depart from current law.
Jacobs also claims that labor
racketeering has contributed to declining union density rates
because mobbed-up unions tarnished the reputations of clean ones.
But if mob involvement has been a constant over the past century,
why were the effects on density so significant only in recent
decades (as opposed to the deindustrialization, globalization,
and employer offenses specific to this period)? Jacobs's suggestion
that labor racketeering could explain the lack of "a socialist
or socialist-leaning labor movement" in the United States similarly
fails to consider alternate explanations.
For better grounded, more measured
studies of the intersection of organized crime and labor, readers
should consult works by David Witwer, Andrew Cohen, and Howard
Kimmeldorf. For an understanding of RICO litigation against unions,
Jacobs's book is a good choice.
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