AFL-CIO General Executive Council Action
August 1, 2001 Chicago, Illinois

Justice for the Charleston 5

Equal justice is a cornerstone of our democracy. Although that sacred principle has often been threatened in our nation's history, it has faced its most profound challenge in the Old South.

Over the last decade, leaders of the "New South" have tried to put a more mainstream face of fairness on the social and political institutions of the region. But an egregious miscarriage of justice in South Carolina threatens to turn back the clock on progress on workers' rights and racial justice in the South and across the nation.

Five dockworkers who are members of International Longshoremen's Association Locals 1422 and 1771 face criminal charges for attempting to defend their jobs. 

All five--Kenneth Jefferson, Peter Washington, Ricky Simmons, Jason Edgerton, and Elijah Ford--are victims of selective prosecution by South Carolina Attorney General Charlie Condon, a candidate for governor, who is using race and anti-labor sentiment to attack one of the most visible and active unions in South Carolina while furthering his political ambitions. Four of the dockworkers are members of ILA Local 1422, which is virtually all- black.

The prosecution of the union dockworkers, known as the Charleston 5, stems from an incident that occurred on January 20, 2000, when approximately 150 members of Local 1422 carried out a legal informational picket at the Port of Charleston to protest the use of a non-union stevedoring company to unload a Danish freighter. 

An encounter with 600 riot police during the picketing ended in a clash where a policeman clubbed Local 1422 President Ken Riley on the head while he attempted to restore order.

Eight of the dockworkers received mainly misdemeanor trespass charges from local Charleston law enforcement authorities in connection with the incident. 

But Attorney General Condon, who has demonstrated his hostility to unions on numerous occasions, intervened and raised the charges to rioting and conspiracy to riot, which are felonies and carry prison sentences.

A Charleston judge dismissed these charges for lack of evidence in a preliminary hearing. Nevertheless, Condon sought felony indictments against the men through a secret grand jury in Charleston.

Although it is implausible that these unarmed union members planned to riot against 600 heavily armed police officers in full riot gear, five of the dockworkers were indicted.

Despite the fact that they have not been convicted of any crime, the Charleston 5 have already been severely punished. For nearly a year- and-a-half, they have been confined to house arrest from 7:00 p.m. to 7:00 a.m., allowed only to go to work or attend union meetings. 

The impact of the house arrest has been devastating, not only for the dockworkers, but for their families as well. The Charleston 5 face trial in September, and they could receive prison terms of up to five years.

The AFL-CIO stands squarely behind the International Longshoremen's Association and the South Carolina AFL-CIO, which have taken the lead in the fight for the dockworkers. 

This summer, union activists and leaders, including AFL-CIO Executive Vice President Linda Chavez- Thompson, joined together with South Carolina community and union leaders for a rally of more than 7,000 in Columbia, South Carolina, to support the Charleston 5.

The American labor movement demands that Attorney General Condon and the law enforcement authorities of South Carolina drop the charges against the Charleston 5. These charges are unreasonable, excessive, and unjust. 

We welcome the support of allies from among civil rights, religious, and community-based organizations, as well as support committees that are forming in cities from New York to Los Angeles. The AFL-CIO is proud to take a leadership role in the fight for the Charleston 5. We will wage and escalate this fight until they are
free and justice is done.