Joshua M. Javits
www.josh@javitsresolve.com
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
·	50% showing of interest 
·	Union must win a majority of voters for certification: run-off election if not
·	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