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


  • Fred Hampton speaking at a rally
    Jon Jeter
    Fifty-four Years Later, Fred Hampton’s Martyrdom Looms Large Over Palestinians’ Freedom Struggle
    06 Dec 2023
    The thread connecting the struggles of Black and Palestinian liberation makes itself known in the propagandistic attacks on the Palestinian resistance. The assassination of Fred Hampton helps…
  • Protest with BLM sign and Palestine flag
    Margaret Kimberley, BAR Executive Editor and Senior Columnist
    Black People Won't Be Silenced About Israel
    06 Dec 2023
    As the US continues to conflate every criticism of Zionism with anti-semitism, the predicable happens once again. Black people are used as an avatar of anti-Jewish sentiment. This tactic will not…
  • Poster of Al Fatah through the streets of Algiers. Palestine Poster Project
    Editors, The Black Agenda Review
    MESSAGE: The Palestine National Liberation Movement AL-FATEH to Africa
    06 Dec 2023
    Al-Fateh’s communique at the 1969 Festival of Pan-African Culture offered a brilliant analysis of the overlapping histories of European colonialism and white supremacy in Africa and Palestine.
  • More than 6 million Congolese now shelter in IDP camps.
    Maurice Carney
    D.R. Congo’s Challenges: Elections, Rwanda’s War of Aggression and Critical Minerals for Green Transition
    06 Dec 2023
    The ongoing crisis is a result of converging forces determined to pursue their own interests by controlling the affairs within the Congo and subjecting the masses to inhumane conditions.
  • Kenya Parliament
    Editors, The Black Agenda Review
    ESSAY: National identity and Foreign Domination, Ngũgĩ wa Thiong'o, 1982
    06 Dec 2023
    Ngũgĩ wa Thiong'o reminds us that the primary contradiction in Africa is imperialism and its meek comprador bourgeoisie enforcers.
  • Load More
Subscribe
connect with us
about us
contact us