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2463

Transportation of Strikebreakers—18 U.S.C. 1231

This provision prohibits any person from:

  1. 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

  2. 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]