Union autonomy, a critical aspect of the health and growth of unions and employee power broadly, is weakened by (1) the Department of Justice’s (DOJ) attempts to target organized crime through civil Racketeer Influenced and Corrupt Organizations Act (RICO) litigation against unions and (2) the creation of federal trusteeships in settlement, both of which can be analyzed through litigation between the DOJ and the International Brotherhood of Teamsters (Teamsters or IBT) at the end of the 20th century. The field of compliance offers a solution to prevent these breaches of union autonomy. Relying on the Federal Sentencing Guidelines and the Environmental Protection Agency’s (EPA) Audit Program, this Note recommends a new program to the National Labor Relations Board (NLRB). The NLRB should incentivize unions to implement internal compliance programs drawing inspiration from corporate America, as these businesses have historically faced far less federal intrusion than unions.
Union Autonomy and Federal Intrusion,
U. Colo. L. Rev.
Available at: https://scholar.law.colorado.edu/lawreview/vol95/iss1/6