Wisconsin Union Boycott Threats Border on Illegal

You may have seen news that Wisconsin’s AFSCME public-sector union is threatening businesses with possible boycott if they refuse to voice support for the union position. Obviously, it’s pretty galling — and potentially illegal.

The Journal-Sentinel reported that AFSCME Council 24 has informed local business that they must put a sign in their window showing their public support for the union’s position or “Failure to do so will leave us no choice but (to) do a public boycott of your business. And sorry, neutral means ‘no’ to those who work for the largest employer in the area and are union members.”

Translation: That’s a nice business you got there. It would be a shame if something happened to it.

That sounds like a fairly explicit threat to harm a company’s business. So it’s worth noting these Wisconsin laws*:

943.30 Threats to injure or accuse of crime. (1) Whoever, either verbally or by any written or printed communication,

maliciously threatens to accuse or accuses another of any crime or offense, or threatens or commits any injury to the person, property, business, profession, calling or trade, or the profits and income of any business, profession, calling or trade of another, with intent thereby to extort money or any pecuniary advantage whatever, or with intent to compel the person so threatened to do any act against the person’s will or omit to do any lawful act, is guilty of a Class H felony.

943.31 Threats to communicate derogatory information. Whoever threatens to communicate to anyone information, whether true or false, which would injure the reputation of the threatened person or another unless the threatened person transfers property to a person known not to be entitled to it is guilty of a Class I felony.

History: 1977 c. 173; 2001 a. 109.

A threat to injure a manager’s reputation unless a job is offered violated this section.

State v. Gilkes, 118 Wis. 2d 149, 345 N.W.2d 531 (Ct. App. 1984).

And:

134.01 Injury to business; restraint of will. Any 2 or more persons who shall combine, associate, agree, mutually undertake or concert together for the purpose of willfully or maliciously injuring another in his or her reputation, trade, business or profession by any means whatever, or for the purpose of maliciously compelling another to do or perform any act against his or

her will, or preventing or hindering another from doing or performing any lawful act shall be punished by imprisonment in the county jail not more than one year or by fine not exceeding $500.

* h/t to Halt The Assault spokesman Brett McMahon // photo credit: flickr/mrbula

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