Black Agenda Report
Black Agenda Report
News, commentary and analysis from the black left.

  • Home
  • Africa
  • African America
  • Education
  • Environment
  • International
  • Media and Culture
  • Political Economy
  • Radio
  • US Politics
  • War and Empire

Racketeering Laws Still Threaten Worker Speech Rights
Bill Quigley
05 Nov 2008
🖨️ Print Article

Racketeering Laws Still Threaten Worker Speech Rightssmithfieldbus1

A Black Agenda Radio commentary by Glen Ford

To obtain a dowloadable MP3 copy of this Black Agenda Radio commentary, visit our BA Radio archive page.

"Can corporations use the RICO statutes to prevent unions
and their allies from launching public education campaigns that hurt the
companies' business?"

A settlement has been reached between the United Food and
Commercial Workers union and one of the nation's worst corporate citizens,
Smithfield Foods, the company that runs the world's largest pig slaughterhouse.
The bosses agreed to allow a union election, after ten years of organizing
activity. But a critical issue raised by the suit has not been settled, and
still looms as a huge
threat
to the rights of labor - and all people in the U.S. - to organize
against the economic and entrenched political power of America's corporate
rulers.

The union had conducted a public education campaign that
exposed Smithfield's anti-labor practices at the giant Tar Heel, North Carolina
processing plant, including widespread intimidation of workers, spying, illegal
firings, and the use of racial epithets. The campaign, launched in 2006, was
highly successful. Human Rights Watch issued two reports on Smithfield's
operations, documenting systemic abuse of workers' civil rights. The New
York Times
published a piece on the company's instigation of racial
conflicts between workers - the article won a Pulitzer Prize. And the federal
Environmental Protection Agency and the state of North Carolina imposed fines
and citations on Smithfield. The union enlisted religious and community leaders
far from the plant facilities, reaching out to the national market, urging
consumers to boycott Smithfield's hams. Anti-corporate advertising was placed
in venues such as Washington, DC busses. The company claims the publicity
campaign cost $900 million in losses.

"Worker's speech would
be subject to racketeering statutes."

Rather than allow workers to exercise their rights to
fairly decide on union representation, Smithfield charged the union and its
allies with attempting to extort Smithfield out of its "right" to conduct
business as a non-union company. The suit sought to find the union guilty under
federal RICO racketeering laws - a perversion of the statute that other
corporations have attempted to use to criminalize labor organizing. Although
both parties last week agreed to let the suit drop, a federal judge had
previously agreed to hear the company's
case on its merits
. That means the question still stands: can corporations
use the RICO statutes to prevent unions and their allies from launching public
education campaigns that hurt the companies' business? The judge ordered both
the union and Smithfield not to comment on the settlement. The stakes are
enormous. If it is unlawful to mobilize public sentiment in the marketplace to
pressure corporations to change their practices, then unions and citizens have
no rights to speak in ways that might harm a corporations' bottom line. It is
an extremely dangerous
legal notion
. Corporate speech, such as advertising, would be protected,
but worker's speech would be subject to racketeering statutes. Under such an
interpretation of the law, the South Africa corporate divestiture campaign of a
generation ago might have been found to be illegal - an extortionist racket
aimed at damaging corporate profitability.

The United States is already very nearly a dictatorship of
the rich. Giving RICO protection to anti-labor practices would make the
dictatorship complete.

For Black Agenda Radio, I'm Glen Ford.

BAR executive editor Glen Ford can be contacted at Glen.Ford@BlackAgendaReport.com.

Do you need and appreciate Black Agenda Report articles? Please click on the DONATE icon, and help us out, if you can.


More Stories


  •  BAR Book Forum: Andrea Freeman’s Book, “Skimmed”
    Roberto Sirvent, BAR Book Forum Editor
    BAR Book Forum: Andrea Freeman’s Book, “Skimmed”
    28 Sep 2022
    This week’s featured author is Andrea Freeman. Freeman is Professor of Law at the University of Hawaii William S. Richardson School of Law. Her book is Skimmed: Breastfeeding, Race, and Injustice.
  • Statues of Limitation
    Raymond Nat Turner, BAR poet-in-residence
    Statues of Limitation
    28 Sep 2022
    Statues of Limitation
  • AFRICOM Watch Bulletin #41
    Black Alliance For Peace
    AFRICOM Watch Bulletin #41
    28 Sep 2022
    The Black Alliance for Peace AFRICOM Watch Bulletin #41 analyzes how white supremacy operates through the actions of the International Monetary Fund and World Bank. As always the AFRICOM Watch…
  • Zambia’s Debt Crisis a Warning for What Looms Ahead for Global South
    Tanupriya Singh
    Zambia’s Debt Crisis a Warning for What Looms Ahead for Global South
    28 Sep 2022
    Zambia is heading toward critical negotiations to restructure its mounting debts. The IMF has approved a $1.3 billion bailout plan for the country, which will impose cruel austerity measures on the…
  • In Response to Antonio Guterres, Haitian Organizations Point to the Responsibility of the UN in the "Gangsterization of Haiti"
    AlterPresse
    In Response to Antonio Guterres, Haitian Organizations Point to the Responsibility of the UN in the "Gangsterization of Haiti"
    28 Sep 2022
    The United Nations is complicit in what is referred to as the "gangsterization" of Haiti. The existence of criminal gangs is the result of UN Core Group interference yet is now the pretext for…
  • Load More
Subscribe
connect with us
about us
contact us