Seafood Firm's Complaint Charging RICO Breach In Labor Union Recognition Bid Is Dismissed
Submitted on Thu, 10/16/2008 - 8:52pm
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10/16/2008, New York Law Journal
DEFENDANT LABOR groups allegedly participated in secondary pickets and
boycotts designed to force plaintiff seafood purveyor's recognition of the
Industrial Workers of the World as the labor union representing its workers.
Plaintiff's April 14, 2008, amended complaint charged defendants with
violating ?1962 of the Racketeer Influenced Corrupt Organizations Act by forcing
restaurants to stop buying plaintiff's seafood products in exchange for
defendants' cessation of protest activities near those restaurants.
Plaintiff also claimed defendants' liability under ?303 of the Labor
Management Relations Act (LMRA) because their secondary protests and boycotts
violated the National Labor Relations Act (NLRA). The court dismissed the
complaint, which insufficiently alleged facts establishing a RICO enterprise.
The complaint also failed to allege facts that codefendant Brandworkers
International was a "labor organization" under NLRA ?2(5) for purposes of
imposition of LMRA ?303 damages.