1. Railway Labor Act (RLA) Nuances - Overview
Overview: Labor Relations in the Rail and Airline Industries
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The purpose of the following material is to describe and review some of the more unique features of the Railway Labor Act (RLA) and other related legislation that governs rail and airline industries. The subjects, below, are specifically dealt with in light of their impact on collective bargaining under the RLA. Initially, this overview generally addresses certain of the RLA contributions to this uniqueness but, also, will address other unique aspects of these industries, including the statutory provisions and regulations that govern the industries.
Labor Relations in the Rail and Airline Industries
The rail and airline industries, and their employees, are subject to a variety of laws and regulations that are different from those that govern other industries and their employees. These laws and regulations can have dramatic impacts on the labor-management relations and affect the companies/carriers, their employees, and the labor organizations that represent the employees.
In terms of labor laws governing collective bargaining and union representation, both the railroad industry and the airline industry are governed by the Railway Labor Act (RLA). Most provisions of this Act apply to both industries, certain portions solely focus on the rail industry (Section 3 – dealing Rail labor contract interpretation disputes), and other provisions are specific to the airline industry (Subchapter II – provisions extending most potions of the Act to the airline industry). The statutory framework of the RLA is unique and directly impacts bargaining in both the rail and airline industries. There are significant factors that distinguish the labor-management environment under the RLA from that under the other legislative labor-management arrangements:
Unlike the National Labor Relations Act, there are no delineated unfair labor practices and, therefore, the elaborate mechanisms to review and adjudicate such are non-existent in the RLA or in the administration of the RLA; however, the RLA's Section 152, tenth, does address "failures or refusals" to comply with certain provisions that are referable to the United States Attorney's Office.
One agency, the National Mediation Board (NMB), administers both the representation and mediation functions.
The RLA has a specific authorization for "union security arrangements" that effectively supersede state laws and allows for provisions in a labor agreement that require, as a condition of continued employment, membership in the labor organization representing the bargaining unit, the "craft or class;" there are important provisos and judicial developments that loosen the membership requirements without obviating the ability of the parties to negotiate the requirement that dues, or their equivalent, be paid. See Union Security and Dues Deductions section.
The statutory bargaining unit, known as “craft or class” under the RLA, is determined on a system-wide basis; this may present challenges in organizing but is extremely beneficial once organized and certified. Also, for historic reasons, including mergers and voluntary recognitions, there may be a number of bargaining units on a carrier that do not comport to the statutory defined "crafts and classes."
Labor agreements under the RLA do not expire; they continue until they are changed/modified through a Section 6 process. See 2. RLA Collective Bargaining & Mediation, and specifically, 2.2. Section 6 Notices.
Mediation is an integral component of the RLA bargaining process, and the NMB controls the mediation process. See 2. RLA Collective Bargaining & Mediation.
In certain circumstances, when the parties fail to reach agreement during the RLA mediation process and after the parties are released from mediation, a Presidential Emergency Board may be established. See 3.3. Presidential Emergency Boards (PEBs) and 3.4.Commuter Rail PEBs. Also, Once the parties are released from mediation, the NMB may offer its services, public interest mediation, or there may be other efforts to assist the parties in resolution. See 3.2. Post-Release Executive Actions.
Perhaps, most importantly, the Act's General Purposes, found in Section 151(a), specifically states two purposes of the Act as being both "to avoid any interruption of interstate commerce or to operation of any carrier engaged therein" and "to provide for the prompt and orderly settlement of all disputes concerning rates of pay, rules, or working conditions." In light of the authority granted the NMB in its mediation process, Section 5, which is discussed in more detail in 2. RLA Collective Bargaining & Mediation, the purposes of the Act and the authority granted to the NMB form a unique mandate in legislated labor-management dispute resolution processes that itself affects the bargaining process. The other General Purposes of the Act, deal with employee rights of freedom of association, independence and self-organization of the parties, and resolution of disputes growing out of grievances.
Other Federal laws affect the railroad and airlines differently:
Industry regulation: in terms of industry regulating agencies, the rail industry is regulated by the Federal Railroad Administration (FRA) and the airline industry is regulated by the Federal Aviation Administration (FAA). These agencies can have a direct impact on their respective industries, as well as the employees within these industries, e.g., through regulations pertaining to hours of service and safety. Both agencies receive continuing input from the industries and employees over whom they have jurisdiction.
Workplace injuries: in terms of laws governing workers’ injuries, historically rail industry has even greater differentiation from other industries, including the airline industry. Whereas most industries fall under workman’s compensation laws of the various states, the railroad industry has its own liability-based federal law governing workers injuries, the Federal Employers Liability Act (FELA), similar in application to the Jones Act for maritime employees. It should be noted that this subject, as it relates to the rail industry, has been addressed in national bargaining at least one time.
Bankruptcy and restructuring: while the airline industry falls within the ambit of generally applicable bankruptcy laws, the rail industry is regulated by the Surface Transportation Board for its restructuring, as well as rate setting. The ICC Termination Act of 1995 abolished the Interstate Commerce Commission (ICC) transferred certain functions to the newly created Surface Transportation Board (STB) and recodified the Interstate Commerce Act (ICA) with some substantive changes that impacted the provisions regarding labor protection conditions for railroad employees affected by line transactions.
Retirement: the rail industry and its employees have their own pension system under the Railroad Retirement Act and the Railroad Retirement Board. Generally, changes in the Railroad Retirement laws have been addressed on a bipartisan basis by both labor organizations and railroads' management.
Other special industry legislation: throughout the years, special legislation has been adopted for the rail and airline industries, and sometimes for sectors of these industries, when the federal government has determined more specific and direct involvement was warranted. See 7.1. Special Legislation and 4. Post-PEB Congressional Intervention.
Contents
Overview: RLA Nuances
RLA Collective Bargaining & Mediation
2.1. Duty To Bargain
2.2. Section 6 Notices
2.3. Status Quo Provisions
2.4. RLA Collective Bargaining/Mediation Process Charts
2.5. Pattern Bargaining.
Release from Mediation & Its Aftermath
3.1. Pre-PEB Legal Strikes
3.2. Post-Release Executive Actions
3.3. Presidential Emergency Boards (PEBs): PEB List & Report Links
3.4. Commuter Rail PEBS
3.5. Strike Activity under the RLA.
3.6. PEB Analysis (Period 1978 - 2023) (Recently added)
Post-PEB Congressional Intervention
RLA Conundrums
RLA Union Security: Section 2 (Section 152), Eleventh
RLA Related Legislation
7.1. Special Legislation
7.2. Rail Labor Protection Conditions
7.3. Airline Labor Protective Provisions (LPPs)
Dunlop Commission and Related Documents/Activity
RLA Resources