Boston Herald

Court reverses 2014 teamsters extortion case

Ruling may complicate Boston Calling charges

- By BRIAN DOWLING — brian.dowling@bostonhera­ld.com

A long-awaited appeals court decision threw out a raft of 2014 extortion conviction­s against two South Boston Teamsters, a reversal that could complicate the prosecutio­n of two top City Hall officials accused of pressuring a music festival to hire union workers.

The U.S. Court of Appeals for the First Circuit reversed the finding that Joseph Burhoe and John Perry — members of Teamsters Local 82 in South Boston — extorted businesses holding events at Boston hotels and convention centers by threatenin­g to picket unless they hired union workers.

The decision, by Judge Juan Torruella, found that the letter of the law regarding union extortion requires the union pressure a company for “fictitious” work, or no-show jobs, not merely unwanted work. None of the supposed extortion was shown to involve no-show jobs.

The ruling is sure to result in headaches for federal prosecutor­s looking to pin the similar extortion charges on City Hall aides Kenneth Brissette and Timothy Sullivan, labor lawyer Michael Anderson said. The two men are accused of holding up key permits for the Boston Calling festival unless it hired union stagehands.

“I would be amazed if the district court did not dismiss those indictment­s now based on this case,” Anderson told the Herald. “It doesn’t matter how the facts shake out; the very theory from the prosecutio­n that the court was willing to entertain is the one the First Circuit shot down.”

The Boston attorney said the ruling should “shut down” indictment­s similar to those filed against the Teamsters who were acquitted of extorting the “Top Chef” production team to get union work.

“If the jury had convicted the Teamsters in the ‘Top Chef’ case, this decision would have been a freight train coming at the prosecutio­n on appeal,” Anderson said.

Perry and Burhoe, from 2007 to 2011, were part of a Teamsters unit that would pressure companies to hire union workers by warning they would picket events at hotels and convention centers if groups didn’t hire their members.

Anderson said a union pressuring an employer with a picket in order to get work is a protected staple of labor that the Perry case threatened to criminaliz­e as extortion.

“If the First Circuit affirmed the jury conviction,” Anderson said, “the whole labor movement would have to surrender themselves to federal prison.”

 ?? STAFF FILE PHOTOS, LEFT BY JOHN WILCOX, RIGHT BY CHRISTOPHE­R EVANS ?? GAME CHANGER: An appeals court ruling that throws out a 2014 conviction for union extortion could have a big impact on similar charges against City Hall aides Kenneth Brissette, left, and Tim Sullivan, right.
STAFF FILE PHOTOS, LEFT BY JOHN WILCOX, RIGHT BY CHRISTOPHE­R EVANS GAME CHANGER: An appeals court ruling that throws out a 2014 conviction for union extortion could have a big impact on similar charges against City Hall aides Kenneth Brissette, left, and Tim Sullivan, right.
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