Transportation of Strikebreakers18 U.S.C. 1231
This provision prohibits any person from:|
- Willfully transporting any person in interstate or foreign
commerce who is employed or will be employed to obstruct or interfere by
force or threats with peaceful labor picketing by employees, or employees'
exercise of organizational or collective bargaining rights; or
- Traveling or knowingly being transported in interstate or foreign
commerce for the purpose of obstructing or interfering by force or threats
with any of the above-enumerated employee activities.
The legislative history makes clear that 18 U.S.C. § 1231 was
enacted to deal with professional strikebreakers who were hired by employers
to physically interfere with pickets and other lawful labor activity by
employees. Common carriers are specifically exempted from the application
of this statute.
The penalties for violating this statute are a fine and/or
imprisonment for not more than two years. For copies of materials used in
United States v. Marzilli, Cr. 84-027-01 (D.R.I.), the first known
conviction under the statute, the Labor-Management Unit, Organized Crime and
Racketeering Section (202) 514-3666 may be consulted.
[cited in USAM 9-139.020]