GET TO KNOW THE RAILWAY LABOR ACT
When we unionize and then enter negotiations, there are clearly defined legal rules and processes that Air Methods and the union must comply with when we engage in first contract negotiations. The below is a short explanation of the federal law, the Railway Labor Act (RLA).
The RLA is a federal law enacted in 1926 that governs labor relations in the airline and railroad industries. It was a product of negotiation between labor and management. The RLA was applied to airline carriers in 1936.
The RLA was the first federal law guaranteeing the right of workers to organize and join unions and elect representatives without employer coercion or interference.
The RLA applies to freight and commuter railroads, airlines, companies directly or indirectly controlled by carriers who perform services related to transportation of freight or passengers and the employees of these railroads, airlines and companies.
The goals of the RLA were to avoid interruptions to commerce and to discourage strikes. Some of the unique characteristics of the RLA are: system-wide classes, contracts do not expire and mediation, which is almost interminable. The goal of federal mediators is to bring both parties to agreement.
The RLA is monitored by a politically-appointed (by the President and approved by Congress) three-member board called the National Mediation Board (NMB). The NMB presides over major disputes such as: matters affecting rates of pay, rules, working conditions and, most importantly, any making or modifications of a Collective Bargaining Agreement (CBA) between parties. For minor disputes, like grievances, the National Railroad Adjustment Board (NRAB) has jurisdiction.
Under the RLA, if a party seeks to amend an existing CBA it must give at least a 30-day written notice before the amendable date of the CBA of any desired changes. There is no no time frame by which contracts must be negotiated to avoid a work stoppage and/or lockout. Under section 6 of the RLA, either side may propose change/s to an existing CBA. Importantly, a CBA governed by the RLA never expires.
Once section 6 notices have been served, the parties must maintain the status quo (no strikes or lockouts) until all procedures of the RLA have been exhausted. For major disputes, the NMB has the power to mediate any dispute between parties at the request of either party or on their own accord. There is no timetable and only the NMB can release the parties from mediation.
If the NMB is unable to produce an agreement through mediation, the agency will declare that its mediation services have failed an offer of arbitration will be made by the agency. By law, arbitration cannot be forced upon either party, but only accepted voluntarily.
If both sides agree to binding arbitration, a panel of up to six arbitrators is established. Each party picks an equal amount of arbitrators, who then select the additional member or members.
If either labor or management decline arbitration and the NMB feels that the dispute will affect interstate commerce in any part of the country, it must notify the President of the United States. The President, at his/her discretion, may create a fact-finding Presidential Emergency Board (PEB).
The PEB then investigates and offers recommendations to both parties regarding how to resolve the contract dispute. If either party rejects those recommendations, then the parties must maintain the status quo and enter a “cooling off” period for 30 days. If an agreement is not reached within the 30 day cooling off period, either party or both may seek self-help (strike or lockout) However, Congress could intervene and legislate a settlement.
When we unionize and then enter negotiations, there are clearly defined legal rules and processes that Air Methods and the union must comply with when we engage in first contract negotiations. The below is a short explanation of the federal law, the Railway Labor Act (RLA).
The RLA is a federal law enacted in 1926 that governs labor relations in the airline and railroad industries. It was a product of negotiation between labor and management. The RLA was applied to airline carriers in 1936.
The RLA was the first federal law guaranteeing the right of workers to organize and join unions and elect representatives without employer coercion or interference.
The RLA applies to freight and commuter railroads, airlines, companies directly or indirectly controlled by carriers who perform services related to transportation of freight or passengers and the employees of these railroads, airlines and companies.
The goals of the RLA were to avoid interruptions to commerce and to discourage strikes. Some of the unique characteristics of the RLA are: system-wide classes, contracts do not expire and mediation, which is almost interminable. The goal of federal mediators is to bring both parties to agreement.
The RLA is monitored by a politically-appointed (by the President and approved by Congress) three-member board called the National Mediation Board (NMB). The NMB presides over major disputes such as: matters affecting rates of pay, rules, working conditions and, most importantly, any making or modifications of a Collective Bargaining Agreement (CBA) between parties. For minor disputes, like grievances, the National Railroad Adjustment Board (NRAB) has jurisdiction.
Under the RLA, if a party seeks to amend an existing CBA it must give at least a 30-day written notice before the amendable date of the CBA of any desired changes. There is no no time frame by which contracts must be negotiated to avoid a work stoppage and/or lockout. Under section 6 of the RLA, either side may propose change/s to an existing CBA. Importantly, a CBA governed by the RLA never expires.
Once section 6 notices have been served, the parties must maintain the status quo (no strikes or lockouts) until all procedures of the RLA have been exhausted. For major disputes, the NMB has the power to mediate any dispute between parties at the request of either party or on their own accord. There is no timetable and only the NMB can release the parties from mediation.
If the NMB is unable to produce an agreement through mediation, the agency will declare that its mediation services have failed an offer of arbitration will be made by the agency. By law, arbitration cannot be forced upon either party, but only accepted voluntarily.
If both sides agree to binding arbitration, a panel of up to six arbitrators is established. Each party picks an equal amount of arbitrators, who then select the additional member or members.
If either labor or management decline arbitration and the NMB feels that the dispute will affect interstate commerce in any part of the country, it must notify the President of the United States. The President, at his/her discretion, may create a fact-finding Presidential Emergency Board (PEB).
The PEB then investigates and offers recommendations to both parties regarding how to resolve the contract dispute. If either party rejects those recommendations, then the parties must maintain the status quo and enter a “cooling off” period for 30 days. If an agreement is not reached within the 30 day cooling off period, either party or both may seek self-help (strike or lockout) However, Congress could intervene and legislate a settlement.
