Wednesday, January 21, 2015

Ex-Union Leader Convicted in Philadelphia



PHILADELPHIA — A former union leader was found guilty on Tuesday of extortion, racketeering and conspiracy for overseeing a campaign of violence and vandalism intended to force nonunion contractors to hire union members.
           
                               
After deliberating for four days, a jury convicted Joseph Dougherty, a former business manager of Local 401 of the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, on all six counts against him after a six-day trial in Federal District Court here.

Mr. Dougherty, 73, led a union that committed 25 acts such as arson, destruction of property and attacks on workers for nonunion contractors at construction sites in the Philadelphia area from 2008 to 2013, prosecutors said. He faces at least 15 years in prison when he is sentenced on April 29.

Mr. Dougherty was the only one of 12 union members to fight the charges brought by a federal grand jury. Seven other defendants made plea deals with prosecutors and testified against their former boss in return for a reduction in prison sentences.

Federal District Judge Michael M. Baylson ordered Mr. Dougherty immediately detained because of the seriousness of his crimes, but the judge said he would hold a hearing to determine whether Mr. Dougherty’s poor health warranted releasing him temporarily before sentencing.

“I can’t have this jury come back with this verdict and allow him to go home today,” the judge said.

Fortunato Perri, Mr. Dougherty’s lawyer, said after the verdict that he knew the trial would be an “uphill battle” because all 11 co-defendants entered plea agreements or were granted immunity from prosecution by the government in return for their cooperation.

Robert P. Livermore, an assistant United States attorney, praised the jury for its diligence.

“There was a lot of evidence, and I suspect that they just wanted to take their time and go through and make sure they made the right decision,” Mr. Livermore said.

Prosecutors said the local formed picket lines at nonunion construction sites where union members would sometimes assault workers and their vehicles with baseball bats.

At some nonunion sites, union members would conduct nighttime raids in which they would bend anchor bolts, cut structural steel with acetylene torches and set fire to contractors’ equipment like cranes, according to an indictment describing 25 such incidents from 2008 to 2013.

Mr. Perri argued that the raids had been organized not by his client, but by some of his subordinates, or “business agents,” who were among the defendants.

Robert Reeves, president of E. Allen Reeves Inc., a construction management company based in the Philadelphia suburbs, said the ironworkers’ local and other unions have caused problems for his company throughout his 40-year career in the construction industry.

Mr. Reeves runs an “open shop” company that uses mostly nonunion workers but is also open to hiring union members, he said in an interview.

Mr. Reeves, whose company’s work at a new Quaker meetinghouse in Philadelphia was vandalized by members of the ironworkers’ union in December 2012, said the union’s efforts to obtain jobs for its members increased construction costs by as much as 30 percent and prevented his company from winning some contracts because owners were afraid of being attacked if they used nonunion labor.

“Everybody knows that Philadelphia has a violent, strongman reputation,” he said.

At various times before the meetinghouse attack, Mr. Reeves said his projects had been smeared with tar, his tires had been stuck with knives and he had been shot at, in attacks by the ironworkers and, he believed, members of two other unions.

Some business leaders accused Philadelphia politicians of avoiding public criticism of violent union tactics.

Daniel M. DiLella, the president of Equus Capital Partners, a Philadelphia-based real estate investment company, said local political leaders have avoided commenting on union intimidation during the trial of Mr. Dougherty.

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