Olms interpretative Manual

RIGHTTOBEFREEFROMVIOLENCEANDTHREATS

120.001LMRDA,SECTION610

It shall be unlawful for any person through the use of force or violence, or threat of the use offorce or violence, to restrain, coerce, or intimidate, or attempt to restrain, coerce, or intimidateany member of a labor organization for the purpose of interfering with or preventing the exerciseof any right to which he is entitled under the provisions of this Act. Any person who willfullyviolates this section shall be fined not more than $1,000 or imprisoned for not more than oneyear,orboth.

120.005FREEDOMFROMFORCEORVIOLENCEINEXERCISINGRIGHTS

It is made a criminal offense for any person to use force or violence or threats of force orviolence against union members to interfere with them in the exercise of their rights under theAct.Penaltiesprovidedareafineofnotmorethan$1,000orimprisonmentfornotmorethan 1year,orboth.

120.200SECTIONPROHIBITSVIOLENCEBY"ANYPERSON"

Defendants (another member of the local and a member of another local of the same unionworking under a permit) attacked a local union member on the floor of the union hall during aunion meeting when he made a statement challenging the business agent relative to the issuanceofwork permits to nonmembers.

The court held that the defendants were attempting by the attack to interfere with the member'sexpression of his views in violation of section 610 of LMRDA which makes it unlawful for "anyperson" to use force or violence to restrain or intimidate any union member in the exercise of hisrights under LMRDA. The court stated that it was the intent of Congress "to preserve for unionmembers the right of free expression secure from interference by force or threat of force fromany person,not merely from union agents, or those acting on behalf of, or in concert with them."UnitedStatesv.Roganovich, 318 F.2d167, 170, 53LRRM 2418 (7thCir. 1963).

(TechnicalRevisions:Dec.2016)

120.300VIOLENCEAGAINSTDISSIDENTMEMBERS

Criminal convictions of two union officers under Section 610 were upheld based on facts that,after dissident members on a worksite circulated a petition calling for election of new unionofficers, one officer drove with another to that site, followed a truck in which the dissidents wereriding, and the passenger officer threw a baseball bat at and fired shots at the truck transportingthe dissidents. This demonstrates that the rights guaranteed to the members of a labororganization apply equally to dissident members.See United Statesv. Kelley, 545 F.2d 619, 94LRRM 2550, (8th Cir. 1976).

The prohibitions of section 610 apply not only to the relations between a union and itsmembers, but prohibit "any person" from interfering or preventing a union member fromexercisingarighttowhichheisentitledundertheAct.Tomkov.Hilbert,288F.2d625,627(3dCir.1961)and UnitedStatesv.Roganovich,318F.2d167,53LRRM2418,(7thCir.1963).

Whether the "person" who is seeking to deny or interfere with a union member’s rights under theAct is a member or officer of the same union, an employer, a member of another labororganization,oran outsiderwouldseemto beimmaterial underthelanguageofsection610.

(Revised:Dec.2016)