Parting with a colleague on where to draw the line between permissible yet aggressive labor union pursuit of jobs and extortionate racketeering, a federal district judge in Buffalo has rejected a magistrate judge’s recommendation to dismiss an indictment in a case involving 12 members of the International Union of Operating Engineers.

An indictment returned by a Western District grand jury accused the defendants of a Hobbs Act extortion conspiracy and a racketeering conspiracy under the Racketeer Influenced and Corrupt Organizations Act (RICO).