Investigatory and Supervisory
Jurisdiction for Miscellaneous Labor Statutes
For information on investigative jurisdiction, see the
Criminal Resource Manual at 2455. The
Labor-Management Unit of the Organized Crime and Gang
Section has supervisory jurisdiction concerning criminal
enforcement of the following statutes in all cases:|
The Labor-Management Unit of the Organized Crime and
Gang Section has supervisory jurisdiction concerning
criminal enforcement of the following statutes in labor disputes.
Violations of these statutes not involving labor disputes are
supervised by the Counterterrorism Section of the National Security
- 49 U.S.C. § 80501 Damage to Property Being
Transported In Interstate Commerce [formerly 15 Sec. 1281 and Sec.
1282 transferred effective July 5, 1994]. See the
Criminal Resource Manual at 2459.
[updated May 2012]
The Railway Labor Act (RLA)45
U.S.C. § 151, et seq.
The Railway Labor Act (RLA) provides for criminal prosecution
with respect to the willful failure or refusal of a railway or
airline carrier, or its officers or agents, to comply with the
terms of the third, fourth, fifth, seventh, and eighth paragraphs
of 45 U.S.C. § 152, Tenth, which deal with
labor-management relations in the railway and airline industries.
see the Criminal Resource Manual at
Railway Labor ActAuthorization for Criminal Prosecution
Consultation with the Labor-Management Unit of the Organized
Crime and Gang 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. See the
Criminal Resource Manual at 2454.
[updated May 2011]