Proposed Bill Hopes to Prevent Another 'Shadow Gang'

A new piece of legislation introduced into the Pennsylvania seeks to prevent a repeat of dangerous and destructive activities carried out by the former members of the Ironworkers Local 401 “Shadow Gang.”

State Rep. Duane Milne (R-167) recently submitted House Bill 874, a law that would close loopholes in the state law that exempts acts of harassment, stalking and violent threats when carried out by individuals involved in organized labor disputes.

A dozen members from local 401 were convicted of multiple counts of RICO, racketeering and arson. Eleven of the defendants pleaded guilty to the charges, leaving former union member Joseph Dougherty as the sole hold-out opting for a trial. Dougherty was found guilty by a federal jury in January, with a sentencing hearing scheduled for April 29, according to Philly.com.

According to the Department of Justice, the defendants established a network of informants to help identify construction projects and job sites where work was being performed without using Local 401 members.

Business agents would approach construction foremen at those work sites and imply or explicitly threaten violence, destruction of property, or other criminal acts unless union members were hired. The defendants relied on a reputation for violence and sabotage, which had been built up in the community over many years, in order to force contractors to hire union members, the indictment says. The attacks occurred for years throughout the Philadelphia region, including an attempted arson in Malvern.

“This bill fixes a glaring and dangerous mistake,” Milne said. “Neither union members nor managers have a moral right to sidestep laws on our books against harassment or intimidation. Enacting this bill will end the legal right to do so.”

According to Milne, the current state law against stalking includes a clause that reads, “This section shall not apply to conduct by a party to a labor dispute as defined in the act of June 2, 1937 (P.L.1198, No.308), known as the Labor Anti-Injunction Act, or to any constitutionally protected activity.” This section allowed the “Shadow Gang” to carry out its activities until the federal Department of Justice caught wind.

Versions of the bill passed both the House and the Senate in the previous legislative session but a reconciled version of those bills never received a final vote, according to Milne. The 167th District includes Malvern, Willistown and Easttown Township.