THE RAILWAY LABOR ACT IN A NUTSHELL
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1 Joshua M. Javits THE RAILWAY LABOR ACT IN A NUTSHELL I. GENERAL PRINCIPLES The Railway Labor Act (RLA) governs labor relations in the Airline and Railroad industries. Purposes: Avoid interruptions to interstate commerce or to the operation of any carrier (limit strikes and lockouts) Provide for settlement of major disputes (negotiation process) Provide for settlement of minor disputes (arbitration) Assure employee representation rights (union elections) National Mediation Board (NMB) administers the RLA's key provisions: representation, mediation, arbitration; federal courts hear "unfair labor practices" II. REPRESENTATION Craft or class: community of interest, historic lines, preponderance test System-wide representation: carrier wide groupings of employees Union or employee may trigger investigation-- election 35% showing of interest (50% for incumbent with Collective Bargaining Agreement "CBA") Union must win more than 50% of eligible voters for certification: plurality election Laboratory conditions: carrier may not interfere in employee free choice Interference investigation; remedies Mergers; acquisitions; consolidations Election bar: 1 year; certification bar: 2 years III. COLLECTIVE BARGAINING Major dispute: creation or amendment of collective bargaining agreement Duty to treat (bargain): duty to make every effort to each an Agreement Duty of fair representation: members, fee payors or neither Status quo: first, subsequent agreements Process: Section 6 notices: opening proposals Direct negotiations: duration limited only by application of one side for mediation Mediation: mandatory, not voluntary; mediator sets schedule; Board member involvement; duration - "interminable" 10 day window: exception to bargaining obligation Release; proffer of arbitration; 30-day cooling-off period Presidential Emergency Board: substantial interruptions; 60-day period; non-binding recommendations Self help: Union weapons: strike, intermittent strikes (e.g., "chaos") Carrier weapons: implementation, lockout, striker replacements IV. ADMINISTRATION OF CBA Minor dispute: interpretation or application of Agreement System Board of Adjustment: mandatory; system-wide; tripartite; selection of neutrals
2 I. GENERAL PRINCIPLES The Railway Labor Act (RLA) governs labor relations in the Airline and Railroad industries. Purposes: Avoid interruptions to interstate commerce or to the operation of any carrier (limit strikes and lockouts) Provide for settlement of major disputes (negotiation process) Provide for settlement of minor disputes (arbitration) Assure employee representation rights (union elections) National Mediation Board (NMB) administers the RLA's key provisions: representation, mediation, arbitration; federal courts hear "unfair labor practices"
3 II. REPRESENTATION Craft or class: community of interest, historic lines, preponderance test System-wide representation: carrier wide groupings of employees Union or employee may trigger investigation election 35% showing of interest (50% for incumbent with Collective Bargaining Agreement "CBA") Union must win more than 50% of eligible voters for certification: plurality election Laboratory conditions: carrier may not interfere in employee free choice Interference investigation; remedies Mergers; acquisitions; consolidations Election bar: 1 year; certification bar: 2 years
4 III. COLLECTIVE BARGAINING Major dispute: creation or amendment of collective bargaining agreement Duty to treat (bargain): duty to make every effort to each an Agreement Duty of fair representation: members, fee payors or neither Status quo: first, subsequent agreements Process: Section 6 notices: opening proposals Direct negotiations: duration limited only by application of one side for mediation Mediation: mandatory, not voluntary; mediator sets schedule; Board member involvement; duration - "interminable" 10 day window: exception to bargaining obligation Release; proffer of arbitration; 30-day cooling-off period Presidential Emergency Board: substantial interruptions; 60-day period; non-binding recommendations Self help: Union weapons: strike, intermittent strikes (e.g., "chaos") Carrier weapons: implementation, lockout, striker replacements
5 IV. ADMINISTRATION OF CBA Minor dispute: interpretation or application of Agreement System Board of Adjustment: mandatory; system-wide; tripartite; selection of neutrals
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