Prepared statement Legg, John S.: Testimony. Prepared statement 108 186 190 National Labor-Management Foundation Robert A. Georgine, president, Building and Construction Depart- ment, AFL-CIO concerning S. 613 to amend the Anti-Racketeering Letters from- United Steelworkers of America to all U.S. Senators.... 85 86 Article: "Crimes Committed in the Name of Labor," from the Harrisburg 87 Great Coastal Express, Inc. v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, memorandum, U.S. District Court for the Eastern District of Virginia, Richmond Division ... Samuel Eisenberg, manager-secretary of Plastic, Moulders & Novelty Work- ers' Union, Local 132, International Ladies' Garment Workers Union, AFL- John H. Seats, executive vice president, Mary Helen Coal Co., Belfry, Ky Felton Construction Co. v. International Brotherhood of Teamsters, Chauf- feurs, Warehousemen & Helpers of America, Local 252, et al. Universal Utility Contractors, Inc. v. Laborers International Union of S. 613, A BILL TO AMEND THE HOBBS ACT THURSDAY, DECEMBER 10, 1981 U.S. SENATE, SUBCOMMITTEE on Criminal Law, The subcommittee met at 9:35 a.m., in room 2228, Dirksen Senate Office Building, Senator Charles McC. Mathias, Jr. (chairman of the subcommittee) presiding. Also present: Senators Dole, Grassley, Specter, and Biden. OPENING STATEMENT OF SENATOR CHARLES McC. MATHIAS, JR. Senator MATHIAS. The subcommittee will come to order. Today the Senate Judiciary Subcommittee on Criminal Law begins hearings on Senate bill 613,1 introduced by Senator Thurmond, Senator Hatch, and Senator East. The basic purpose of the bill is to amend the Federal extortion statute, commonly referred to as the Hobbs Act, to expand its coverage of violence committed during a labor-management dispute. Under the Hobbs Act, interference with interstate commerce through robbery or extortion is a Federal crime. Extortion is defined as "the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear That's the definition in the opinion of the Court in United States v. Enmons. * The Court held that the use of violence to achieve legitimate collective bargaining demands was not "wrongful" within the meaning of the Hobbs act. The effect of this decision is to exempt, for example, the use of violence to obtain higher wages from the coverage of the Hobbs Act. The Hobbs Act would still apply, however, where violence was used to obtain wages for fictitious or superfluous services. Since the decision was handed down in 1973, there have been numerous legislative attempts to reverse it. Prior versions of the Criminal Code Reform Act contained provisions which would have at least limited its effect. Today, however, is the first time a congressional committee has held hearings solely on the questions raised by the Enmons decision. If enacted, Senate bill 613 would eliminate the Enmons exception to the Hobbs Act. The bill would also add two new provisions to the act. First, the bill would make it a Federal crime to interfere with interstate commerce by inflicting or by threatening to inflict death The text of S. 613 can be found in the appendix, p. 239. (1) or serious bodily injury. Second, it would make the willful damage of $2,500 or more of business property a Federal offense. The central question presented by this legislation and before the subcommittee today is whether or not the expansion of Federal jurisdiction that is envisioned by Senate bill 613 is justified by a sufficiently compelling Federal interest. To help make this determination, the subcommittee will hear today from representatives of the Department of Justice, from organized labor, and from the business community. The first witness today will be the Honorable Jonathan C. Rose, Assistant Attorney General of the Office of Legal Policy. The second witness will be Mr. Larry Gold, special counsel to the AFL-CIO. Representing the business community today will be a panel of witnesses, including Reed Larson, president of the National Right to Work Committee; Alan Ross, appearing on behalf of the Associated Builders and Contractors, Inc.; and J. W. Supica, appearing on behalf of the Associated General Contractors of America. Mr. Rose, you are our first witness. Senator DOLE. Mr. Chairman, I wonder if I might just introduce a witness who's going to be coming on later. We have a hall full of people waiting to get into my hearing at the Senate Finance Committee, and I want Mr. Supica to know that I'd be here otherwise, Jim. Senator MATHIAS. The subcommittee is always illuminated by Senator Dole. Senator DOLE. You need it in here. Senator MATHIAS. We always need it. STATEMENT OF SENATOR ROBERT DOLE Senator DOLE. Since I'll not be able to be here-we have a hearing involving a tax matter called leasing which is about $25 billion that some people have questions about-I want this subcommittee to know that I am well acquainted with Mr. Supica; he is appearing today as president of the United Construction Co. of Overland Park, Kans. He will be testifying on behalf of the Associated General Contractors of America as chairman of that organization's Crime Prevention Committee. I have known him for some time and can attest to his interest and expertise with reference to today's hearings. Because of his longtime involvement in the construction industry, he is aware of jobsite violence occurring during the course of labor disputes. So I am very pleased that he is here and I will try to get back. I again thank the chairman for letting me interrupt the course of the hearing. Senator MATHIAS. Thank you, Senator Dole. Before you proceed, Mr. Rose, let me ask Senator Grassley if he wishes to make a statement. STATEMENT OF SENATOR CHARLES E. GRASSLEY Senator GRASSLEY. Mr. Chairman, I am not a member of this subcommittee but I am interested in this piece of legislation as a member of the full committee. I want to sit in on part of this hear |