The Railway Labor Act (“RLA”) governs labor relations in the railway and airline industries. In passing the RLA, Congress acknowledged a public interest in keeping commerce moving. The RLA categorizes labor disputes as either “major” disputes, which concern the making or modification of the collective bargaining agreement, or “minor” disputes, which involve the interpretation or application of collective bargaining agreements. Unions may strike over major disputes only after they exhaust fairly involved negotiation and mediation procedures provided by the RLA. They cannot strike over minor disputes. Because the RLA authorizes courts to enjoin strikes if the union does not exhaust these remedies beforehand, it is important that unions whose actions are subject to the RLA take care to ensure that they have fulfilled the negotiation and mediation procedures provided by the RLA prior to striking.
The National Mediation Board (NMB) administers certain aspects of the RLA concerning representation, mediation, and arbitration. The NMB conducts union representation elections and supervises the mediation of contract negotiations. The NMB does not have “unfair labor practice” jurisdiction, which means that airline and railroad employees covered by the RLA cannot file unfair labor practice charges with the NMB over employment or collective bargaining issues, or to enforce rights and protections under the RLA. This leaves employees to pursue their complaints through the union if they are represented, through company procedure if unrepresented, or through the federal courts.