In its legal fight to keep union carpenters out of the
building, the Convention Center's lawyers took a walk through the dark side of
local labor history this week.
Legal briefs filed in the center's civil racketeering
federal lawsuit against the Carpenters' union compared its actions to recent
headline-grabbing convictions of members of Local 401 of the Ironworkers' union
and of Local 30 of the Roofers' union - another racketeering case, dating back
30 years.
Tuesday's filing was the latest salvo in the continuing
battle between the Convention Center and the Metropolitan Regional Council of
Carpenters.
The Carpenters will respond in a legal brief next week,
Martin O'Rourke, a spokesman, wrote.
The center and the union have been at odds since May
2014, when the union lost its right to work in the center after its leader,
Edward Coryell, failed to sign a new customer satisfaction agreement by
management's deadline.
The union signed a few days later, but by then, its work
had been divided among the four other unions that continue to work in the
building.
A year later, on May 7, the center filed a federal
racketeering, or RICO, lawsuit against the union, accusing it of
"prolonged and coordinated violent, illegal, and extortionate
conduct," and demanding $1 million in damages.
Teamsters Local 107 also missed the Convention Center's
deadline but is not part of this suit.
Filed in U.S. District Court in Philadelphia, the suit
described protests in general, but focused on alleged union disruptions during
the Philadelphia Auto Show last winter.
On June 30, the carpenters filed a motion to dismiss the
suit, calling it a "publicity stunt" and saying the federal RICO
statute targets patterns of criminal activity, not uncouth labor protests.
The Convention's Center's response, filed late Tuesday,
said the jury that convicted Ironworkers leader Joseph Dougherty on Jan. 21
"announced that the Bad Old Days of union thuggery and intimidation . . .
are over, and that 'business as usual' no longer means that rogue union leaders
may conduct their own business by terrorizing and disrupting the business of
others. By [their] arguments, Defendants have shown they did not get that
message."
Later in the brief, the center's lawyers referred to the
roofers' union case in the late 1980s, in which then union leader Stephen
Traitz and others were convicted of racketeering.
An appellate court in that case said a test for an
extortion conviction would be whether the victim could reasonably believe that
the extortionist had the ability and willingness to cause economic harm.
The center's board reasonably believed the carpenters had
the power to harm, the center's filing said, because of the union's "large
war chest and its large and physically violent and aggressive membership."
Source: Philly.com
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