Exclusive Jurisdiction of the NLRB (National Labor Relations Board) as a Limitation on the Application of RICO (Racketeer Influenced and Corrupt Organizations Act) to Labor Disputes

• NCJ Number: 117162
• Journal: Kentucky Law Journal Volume: 76 Issue: 1 Dated: (1987-88) Pages: 201-236
• Author(s): J E Davis
• Date Published: 1988
• Length: 36 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article examines how to determine whether the National Labor Relations Act (NLRA) or the Racketeer Influenced and Corrupt Organizations Act (RICO) apply in labor disputes.

Abstract

The NLRA mandates certain rights and duties pertaining to employees, employers, and labor organizations in the collective bargaining process and establishes remedies for the violations of such rights. The NLRA also established the National Labor Relations Board (NLRB), a quasi-judicial administrative agency with the power to determine what conduct violates the NLRA and to provide an appropriate remedy. The NLRB's jurisdiction under the act is exclusive. In 1970, Congress enacted the Racketeer Influenced and Corrupt Organizations Act (RICO) to strengthen the hand of the Federal Government in combating organized crime. Although these two statutes are virtually independent of one another, certain conduct by employers or labor organizations may fall within the proscriptions of both the NLRA and RICO. Because the NLRA places unfair labor practices within the exclusive jurisdiction of the NLRB, the question arises as to whether Congress intended RICO to apply to such labor-management conflicts. Reconciliation of the two statutes requires ascertaining the type of injury the plaintiff has allegedly incurred and then focusing on the defendant's conduct to determine whether the NLRA or RICO provides the appropriate remedy. 259 footnotes.