NCJ Number
98715
Journal
Criminal Justice Journal Volume: 7 Issue: 2 Dated: (Summer 1984) Pages: 305-339
Date Published
1984
Length
35 pages
Annotation
This article argues that organized crime's institutionalized control of labor unions can be eliminated by mandating through Federal law (a model law is presented) the implementation of the principles of 'Democratic Organizational Theory' (DOT) in the organization and operation of labor unions.
Abstract
Organized crime has maintained its control over labor unions in spite of the Federal Government's targeting of various corrupt union officials for prosecution under various Federal laws. This is because organized crime has institutionalized a system of autocracy, intimidation, and the elimination of democratic process in labor unions that perpetuates corruption even though certain personalities may be removed from the system by criminal convictions. Labor unions could be rehabilitated through a Federal law that mandates the use of DOT principles in unions. DOT goals are decentralization, high productivity, full employee participation, and the efficient use of talent. The legislation proposed in this article, 'The Labor Union Rehabilitation Act of 1985,' would institute DOT principles in unions by allowing a Federal district judge to appoint an independent committee to reorganize those parts of a union which are racketeer influenced. The committee would have the authority to terminate labor officials who illegally mismanaged union funds. The committee could also provide union locals with a new constitution that establishes semiautonomy from the national union structure. The proposed form of the model statute is presented. Appendixes contain outlines of selected relevant Federal statutes, a list of DOT books and articles, and a critique of the judge's decision in the recent Provenzano case. A total of 158 footnotes are provided.