NCJ Number
116032
Journal
Labor Law Journal Volume: 40 Issue: 2 Dated: (February 1989) Pages: 94-104
Date Published
1989
Length
11 pages
Annotation
In June 1988, the United States District Attorney for the Southern District of New York filed a motion under the Racketeer Influenced and Corrupt Organizations Act (RICO) seeking to have the entire Resident and General Executive Board of the International Brotherhood of Teamsters (IBT) removed from office and replaced by a federally appointed trustee.
Abstract
The premises underlying this action were that the IBT is so extensively influenced and controlled by organized crime as to constitute a corrupt organization, and its officers have been so involved in racketeering that they must be removed from office. This action raises questions about the use of RICO. The Labor-Management Reporting and Disclosure Act of 1959 would appear to be a more appropriate remedy, specifically designed to prevent financial and other corruption within unions. It may be that the RICO approach was used because of impatience with the effectiveness or administration of the Landrum-Griffin provisions. However, the use of RICO raises issues regarding the applicability of RICO to the pattern of racketeering and corruption within the ITB and its implications for the fundamental right of employees to self-organization. Finally, it is doubtful if this approach will be effective in preventing organized crime pursuits within the IBT.