Can an employer use extortion to replace a non-unionized employee with a unionized employee?
MultiRegion, United States of America
The following excerpt is from United States v. Bove, 888 F.3d 606 (2nd Cir. 2018):
in United States v. Mulder .18 According to this theory, "unwanted, superfluous and fictitious" labor includes labor that an employer wants to be performedand that is therefore not "superfluous"but that he wants performed by nonunion workers instead of union workers. A person can thus violate the Hobbs Act under this theory by using extortion to "replac[e] non-union workers with union workers,"19 even when the labor at issue is not "unwanted, superfluous," or "fictitious."
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