Consultation with the Labor-Management Unit of the Violent Crime and Racketeering Section is required prior to initiating criminal prosecution under the Railway Labor Act. As a matter of policy, prosecutions as well as requests for investigation concerning violations of 45 U.S.C. § 152, Tenth, should be declined unless they contain allegations of egregious carrier interference with employee rights tantamount to actual or threatened violence, or involve prohibited payments to employee representatives. This policy is instituted primarily as a result of United States v. Winston, 558 F.2d 105 (2d Cir. 1977), wherein the Second Circuit reversed a conviction under 45 U.S.C. § 152, Tenth.

In Winston, defendants, owners and operators of a small airline charter service, were charged with conspiracy to violate the Railway Labor Act by conduct which would have been at most an unfair labor practice in an industry other than the railway or airline industries under Federal law. Accordingly, under this prosecution policy, the mere commission of an unfair labor practice is insufficient to justify criminal prosecution under the Railway Labor Act, absent the presence of one or more of the aggravating factors described above.

This policy change has the effect of treating the parties to airline and railway labor disputes for purposes of criminal prosecution in the same manner as parties in labor disputes in other federally regulated industries.

In declining prosecution with respect to complaints alleging violations of 45 U.S.C. § 152, Tenth, it may be appropriate to advise the complainant that redress may be available to him through private civil litigation.

This policy does not apply to civil litigation under 45 U.S.C. § 152, Tenth as supervised by the Civil Division. If it is determined that a particular matter merits civil enforcement under 45 U.S.C. § 152, Tenth, the Civil Division should be contacted before any action is taken.

[updated January 2020] [cited in JM 9-130.300; JM 9-132.010; JM 9-139.020]