# Justice Manual § 9-139.103: Railway Labor Act— Authorization for Criminal Prosecution

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-139.103

## Section

- **Citation:** Justice Manual § 9-139.103
- **Heading:** Railway Labor Act— Authorization for Criminal Prosecution
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-139.000 - Miscellaneous Labor Statutes / Justice Manual § 9-139.103

## Text

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
]

## Nearby sections

- [Justice Manual § 9-139.020 Investigatory and Supervisory Jurisdiction for Miscellaneous Labor Statutes](https://www.frixlaw.com/law-library/statutes/JM_S9-139.020.md)
- [Justice Manual § 9-139.100 The Railway Labor Act (RLA)—45 U.S.C. § 151, et seq.](https://www.frixlaw.com/law-library/statutes/JM_S9-139.100.md)
- [Justice Manual § 9-139.103 Railway Labor Act— Authorization for Criminal Prosecution](https://www.frixlaw.com/law-library/statutes/JM_S9-139.103.md)
- [Justice Manual § 9-139.200 Fair Labor Standards Act (29 U.S.C. § 216(a))](https://www.frixlaw.com/law-library/statutes/JM_S9-139.200.md)
- [Justice Manual § 9-139.300 Labor Organization Under Trusteeship (29 U.S.C. § 461 and § 463)](https://www.frixlaw.com/law-library/statutes/JM_S9-139.300.md)
- [Justice Manual § 9-139.400 Bonding of Officers and Employees of Labor Organizations (29 U.S.C. § 502)](https://www.frixlaw.com/law-library/statutes/JM_S9-139.400.md)
- [Justice Manual § 9-139.500 Loans to Union Officers and Payment of Fines (29 U.S.C. § 503)](https://www.frixlaw.com/law-library/statutes/JM_S9-139.500.md)
- [Justice Manual § 9-139.600 Transportation of Strikebreakers (29 U.S.C. § 1231)](https://www.frixlaw.com/law-library/statutes/JM_S9-139.600.md)
- [Justice Manual § 9-139.700 Extortionate Picketing (29 U.S.C. § 522)](https://www.frixlaw.com/law-library/statutes/JM_S9-139.700.md)
- [Justice Manual § 9-139.800 Interference with National Labor Relations Board Agent (29 U.S.C. § 162)](https://www.frixlaw.com/law-library/statutes/JM_S9-139.800.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-139.103. Check the current official text before relying on it. Not legal advice.