Last week Rep. Joe Wilson (R-S.C.) introduced the Freedom From Union Violence Act of 2009 (H.R. 2537), a bill that would impose a fine of up to $100,000 and/or a prison sentence of up to 20 years for anyone who commits an act of violence or extortion during a labor dispute. This legislation amends section 1951 of title 18 of the United States Code, an anti-racketeering measure more commonly known as the Hobbs Act. The Hobbs Act is a federal law prohibiting actual or attempted robbery or extortion affecting interstate or foreign commerce. According to a press release issued by Wilson’s office, a loophole in the Hobbs Act permits “violence and intimidation on behalf of labor unions . . . if it is ruled that such coercion was to further a ‘legitimate’ union objective.” Wilson further claims that this loophole “opens the door for extortion and violence against American workers.”

The Freedom From Union Violence Act would close this loophole and include a provision stating that:

whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion, or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section, shall be fined not more than $100,000, imprisoned for a term of not more than 20 years, or both.

The bill explicitly exempts conduct that is “incidental to otherwise peaceful picketing during the course of a labor dispute.”

This bill has been referred to the House Committee on the Judiciary.