TEAMSTERS (IBT)
Overnite Files RICO Suit Against IBT
Overnite Transportation Co. is seeking at least $ 5.2 million from
the Int’l Bhd. of Teamsters for damages and other costs associated with
the union's three-month strike against the Richmond, Va.,-based trucking
company. In a suit filed Jan. 24 in U.S. District court in Tennessee,
the company alleges that the IBT, its officers, and officials have engaged
in a pattern of racketeering activities, including 57 alleged incidents
of attempted murder and 131 alleged acts of extortion as well as numerous
violations of Tennessee law. Named in the 225-page complaint
are IBT President James P. Hoffa, members of the union's general executive
board, and other IBT officials and staff.
The suit alleges a scheme to "put Overnite out of business" if the company does not recognize the union as its employees' bargaining representative and accept the terms of a contract agreement proposed by IBT. It seeks damages in excess of $5.2 million for security expenses, damage to Overnite property, damage to the property of company employees for which Overnite has paid compensation, and the cost of replacing workers who missed work because of lawless acts by the union. The company also is seeking an unspecified amount of relief for lost profits and other damage associated with IBT's ongoing strike.
The suit seeks payment of triple damages allowed under the Racketeer Influenced and Corrupt Organizations Act, which would bring the amount of the award to more than $15 million. Overnite alleges that the named defendants are associated with an "enterprise" as defined by the RICO statute for the purpose of putting Overnite out of business. Apart from the union's lawful strike activity, the IBT and its officials have engaged in "a pattern of racketeering activity," the suit claims, including acts of attempted murder and extortion. In its filing, the company details specific incidents that have occurred since the strike began in late Oct.
According to Overnite, because of violence associated with the strike, "judges in 14 states have issued 21 restraining orders in an attempt to curb IBT lawlessness. Police reports have detailed 26 separate shootings and two dozen instance of projectiles thrown or dropped on moving vehicles," the company said in a statement announcing the suit. Among the incidents cited in the lawsuit is the Dec. 1 shooting of Overnite driver William Wonder who was critically injured when he was shot in the stomach as he was driving along an interstate highway north of Memphis. [BNA 1/28/00]
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