Blue-Collar Crime: Conspiracy, Organized Labor, and the Anti-Union Civil RICO Claim

73 Pages Posted: 14 Oct 2011 Last revised: 3 Mar 2012

See all articles by Benjamin Levin

Benjamin Levin

University of Colorado Law School

Date Written: October 12, 2011

Abstract

This Article provides an historically-rooted analysis of a recent spate of civil RICO complaints arising from labor union organizing campaigns. The Article historicizes contemporary civil RICO suits against labor unions by analogizing to nineteenth century conspiracy prosecutions of unions. In tracing this history of organized labor’s social standing, the Article addresses the cultural framing of the union and its place in political and cultural discourse over the past century. The civil RICO complaints have received limited scholarly attention mainly focusing on issues of federal preemption; this Article argues for a broad reading of the cases as a way to understand the evolving political and legal standing of organized labor in the United States, ultimately suggesting that the cases should provide the impetus for legislative action and broader labor law reform.

Keywords: Labor Law, Legal History, RICO, Conspiracy, Union Organizing

JEL Classification: K14, K31

Suggested Citation

Levin, Benjamin, Blue-Collar Crime: Conspiracy, Organized Labor, and the Anti-Union Civil RICO Claim (October 12, 2011). Albany Law Review, Vol. 75, No. 1, p. 559, 2012, Available at SSRN: https://ssrn.com/abstract=1942729

Benjamin Levin (Contact Author)

University of Colorado Law School ( email )

401 UCB
Boulder, CO 80309
United States

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