LABOR LAW-APPLICABILITY OF THE LEA ACT TO ACTIVITIES OF THE AMERICAN FEDERATION OF MUSICIANS

Defendant, acting as president of a local union of the American Federation of Musicians, requested a new contract with a broadcasting station licensed by the Federal Communications Commission, including a provision that the licensee hire three extra musicians, raising to six the total number of musicians employed. When negotiations regarding this provision failed, defendant withdrew from the licensee\u27s services the three musicians (members of the A.F. of M.) already employed by it. An action was, then brought to prosecute defendant under the amendment to the Federal Communications Act, popularly known as the Lea Act, which prohibits the use of threats or force to compel a licensed broadcasting station to use more employees than it needs. After the Supreme Court upheld the constitutionality of the act, the cause was remanded for trial by the district court on the question whether the defendant had been guilty of a violation. Held, verdict of acquittal directed. There was no evidence that defendant knew that the licensee had no need for the extra musicians, and this fact must be proved beyond a reasonable doubt. United States v. Petrillo, (D.C. Ill.. 1948) 75 F. Supp. 176