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UNITED STATES v. WINSTON

Nos. 1120, 1121, Dockets 76-1436, 76-1527.

558 F.2d 105 (1977)

UNITED STATES of America, Appellee, v. Jerry WINSTON, Broome County Aviation, Inc., Commuter Airlines, Inc., and Theodore (Ted) Bell, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 23, 1977.

Attorney(s) appearing for the Case

Jay Topkis, New York City (Paul, Weiss, Rifkind, Wharton & Garrison, Marvin Wexler, M. Tracy Sillerman, New York City, of counsel), for defendants-appellants.

Arthur A. Chalenski, Jr., Asst. U.S. Atty., Syracuse, N.Y. (Paul V. French, U.S. Atty., N. D. N.Y., Albany, N.Y., Mark Vogel, Washington, D.C., of counsel), for appellee.

Before KAUFMAN, Chief Judge, VAN GRAAFEILAND, Circuit Judge, and POLLACK, District Judge.

VAN GRAAFEILAND, Circuit Judge:

Appellants were convicted of violating § 2 of the Railway Labor Act, 45 U.S.C. § 152, which makes it a criminal offense for a railroad or airline to willfully influence or coerce its employees in matters involving unionization or employee representation.1 Because of errors in the District Court's charge to the jury, we reverse and remand for a new trial.

The Facts

Appellant...

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