the. nature of RICO and its relation to federal labor law). Numerous courts have enunciated the test for determining whether federal labor law preempts federal RICO claims. In Brennan v. Chestnut, the Eighth Circuit said that a RICO claim based on allegations of mail and wire fraud as predicate acts would be preempted if the underlying conduct falls within the exclusive jurisdiction of the NLRB because mail and wire fraud are ‘generic’ acts.... The mail and wire fraud statutes ... do not define fraud but rather leave that definition to other laws.... If the court must look to the labor laws to define the fraud, then preemption applies. 973 F.2d 644, 646 (8th Cir.1992) (emphasis added); see also, e.g., Talbot v. Robert Matthews Distributing Co., 961 F.2d 654, 662 (7th Cir.1992) (<HOLDING>); McDonough v. Gencorp, Inc., 750 F.Supp. 368,
holding that the nlra preempts a rico claim when the underlying conduct of the plaintiffs rico claim is wrongful only by virtue of the labor laws  holding that if the underlying conduct is wrongful only by virtue of the labor laws then the rico claim is preempted holding article 1802 claims only survive where the conduct alleged of is based on tortious or negligent conduct different from the conduct covered by other specific labor laws involved holding that a rico claim based upon violation of the duty of fair repre sentation is not preempted by federal labor law holding that an agreement in violation of antitrust laws may be enforceable where the parties underlying conduct is legal