Kickback

During his 25 years in the labor movement, burly, narrow-eyed Joseph S. Fay has often been called a racketeer. But calling Joe Fay names, or trying to unseat him as international vice president of the Union of Operating Engineers, was like blowing peas at an elephant. Sometimes he simply turned his beefy back. Some times, enraged or full of whiskey, he used his fists. Once he slugged the A.F. of L.'s David Dubinsky; another time he kicked in a minor labor leader's cheek bone. But neither taunts, rivals nor the law really bothered Joe Fay much.

He was an employer as well as a labor leader: men of Fay's union worked for Fay's construction company. With another A.F. of L. chieftain, balding, scarred James Bove, Vice President of the Hod Carriers' union, Fay held a virtual monopoly on the East's construction workers. He had power, money, attorneys, and the friend ship of politicians like New Jersey's Boss Frank Hague.

Joe Fay seemed undisturbed 22 months ago when he and Bove were charged with extorting $420,000 from contractors building New York City's 85-mile Delaware Aqueduct. Their attorneys delayed the case for months. When they finally went on trial in Manhattan this month, Joe Fay stayed tough, cold and collected.

Big Bills. District Attorney Frank S. Hogan called contractors to the stand. Their stories were similar -- they had been summoned to hotel-room meetings with Fay and Bove when the job was begun in 1937, had been asked for big sums to "keep the job running smooth -- with out labor troubles." They had paid in big bills, in installments of from $5,000 to $50,000.

Fay and Bove did not testify in their own defense, listened calmly as a string of character witnesses went to the stand.

But both began showing signs of nervousness as the jury stayed out, hour after hour. And when the court finally read the verdict, Joe Fay and James Bove looked pale and sick. The verdict: guilty of extortion and conspiracy; maximum possible penalty: 18 years in prison.

Joe Fay and his partner listened dejectedly as their lawyers filed notice of appeal, then went off to jail, where they glumly ate their first prison meal -- lamb stew and cabbage salad.

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