NCJ Number
84309
Date Published
1981
Length
16 pages
Annotation
Federal legislation intended to counter corrupt labor practices is explained, and techniques are described for investigating labor-management corruption and racketeering.
Abstract
Federal laws proscribing certain labor practices are the Labor Management Reporting and Disclosure Act, the Welfare and Pension Plans Disclosure Act, the Employee Retirement Income Security Act of 1974, the Labor-Management Relations Act of 1974, the Hobbs Act, the Racketeer-Influenced and Corrupt Organizations Act, (RICO), and the Railway Labor Act. These laws cover areas as diverse as embezzlement, false recordkeeping and filing false reports, kickbacks, extortion, payoffs, bribery, and racketeering. The Department of Labor, the FBI, and to a lesser extent, the Internal Revenue Service have been the predominant investigators of Federal labor-racketeering offenses. Before initiating an active investigation, background information should be obtained to ensure that the complaint information received has not already been investigated or discounted. Investigative techniques will vary, based on such factors as the nature of the complaint, the purpose and scope of the investigation, and the skills and abilities of the investigator. Other variables influencing investigative approaches are the availability of records, whether a grand jury is being used, enforceability of subpoenas, and the nature and degree of administrative or bureaucratic restraints imposed. Common investigative techniques and procedures are described for cases involving alleged embezzlement and false-record offenses and racketeering activities (kickbacks, extortion, payoffs, and conspiracies involving numerous offenses).