AFL-CIO: Prosecuting Teamsters in ‘Top Chef’ case would harm unions
The Massachusetts AFLCIO wants its lawyers to be able to argue in court for dismissal of the federal case against four Teamsters, saying the prosecution that stems from the picketing of a “Top Chef” shoot could have a chilling effect on all union protests.
The AFL-CIO is not affiliated with the Teamsters, but attorney Paul F. Kelly wrote in his motion filed Friday in U.S. District Court: “If the superseding indictment is not dismissed union members engaged in lawful peaceful picketing will be subject to the threat of felony prosecution where, as here, some other party participants in the concerted activity either exceed the bounds of good taste or otherwise engage in picket line misconduct.”
Kelly added, “Few, if any, union activists would take to the picket line if a U.S. attorney could second-guess their motivations months later and cause their lives to crumble and their financial well-being to evaporate.”
Charl e s town- based Teamsters Local 25 members John Fidler, Daniel Redmond, Robert Cafarelli and Michael Ross — due back in U.S. District Court Oct. 11 for a status conference — are accused of trying to bully a crew from the hit Bravo show “Top Chef” into hiring union labor for a local 2014 shoot by threatening to follow and picket them. Local 25’s former secretary-treasurer, Mark Harrington, pleaded guilty last month to attempted extortion in exchange for a recommended punishment of six months’ home confinement and a $10,000 fine when he’s sentenced Dec. 15. His co-defendants could face up to 20 years in prison if convicted.
Just days before Harrington changed his plea, U.S. District Court Magistrate Judge Marianne B. Bowler refused to dismiss indictments brought against the Teamsters. The AFLCIO filed a similar amicus brief at that time, to which Bowler responded, “The AFL-CIO’s concern that this prosecution will chill recognitional activity or organizational activity such as picketing is overstated.”
Assistant U.S. Attorney Laura J. Kaplan wasted no time Friday responding to the AFL-CIO’s latest motion, saying the organization “is not a party to this litigation and has no right to review” Bowler’s decision.
Longtime labor champion Mayor Martin J. Walsh, who appeared on “Top Chef,” declined to say yesterday whether he supports the AFL-CIO’s request to be heard.
“I’m going to wait to see what happens,” Walsh said.
Walsh did say, however, that the nature of unions advocating is changing.
“It’s their right to fight this if they choose,” the mayor said. “I know that part of labor’s role is to advocate on behalf of their members. I’ve always pushed that it be done in a respectful manner. I think that the days of the old longtime pickets are over. I think a lot of it today is through more negotiation than picketing.”