Railway Labor Act

In 1877, protests broke out in Martinsburg, West Virginia when the Baltimore and Ohio Railroad (B&O) cut worker pay for the third time in a year. West Virginia Governor Henry M. Mathews sent militia under Colonel Charles J. Faulkner to restore order, but was unsuccessful largely due to militia sympathies with the workers. The governor reluctantly called for federal assistance, which restored peace to Martinsburg but proved controversial, with many newspapers critical of the governor's characterization of the strikes as an 'insurrection' rather than an act of desperation. One notable paper recorded a striking worker's perspective that, "[he] had might as well die by the bullet as to starve to death by inches." A day after federal troops had restored order in Martinsburg, similar protests erupted in Maryland and spread to New York, Pennsylvania, Illinois, and Missouri. The strikes, which lasted six weeks, would come to be known as the Great Railroad Strike of 1877.[1][2]

Congress later passed the Arbitration Act of 1888, which authorized the creation of arbitration panels with the power to investigate the causes of labor disputes and to issue non-binding arbitration awards.[3] The Act was a complete failure: only one panel was ever convened under the Act, and that one, in the case of the 1894 Pullman Strike, issued its report only after the strike had been ended by a federal court injunction, backed by federal troops.

Congress attempted to correct the shortcomings in the Erdman Act, passed in 1898.[4] The Act likewise provided for voluntary arbitration, but made any award issued by the panel binding and enforceable in federal court. It also outlawed discrimination against employees for union activities, prohibited "yellow dog contracts" (in which an employee agrees not to join a union while employed), and required both sides to maintain the status quo during any arbitration proceedings and for three months after an award was issued. The arbitration procedures were rarely used. A successor statute, the Newlands Act of 1913, which created the Board of Mediation, proved to be more effective.[5] The Newlands Act was largely superseded when the federal government nationalized the railroads in 1917, following the nation's entry into World War I. (See United States Railroad Administration.)

The Adamson Act, passed in 1916, provided workers with an eight-hour day, at the same daily wage they had received previously for a ten-hour day, and required time and a half pay for overtime work.[6] Another law passed in the same year, amid increasing concerns about the war in Europe, gave President Woodrow Wilson the power to "take possession of and assume control of any system of transportation" for transportation of troops and war material.[7]

Wilson exercised that authority on December 26, 1917.[8] While Congress considered nationalizing the railroads on a permanent basis after World War I, the Wilson administration announced that it was returning the railroad system to its owners. Congress tried to preserve, on the other hand, the most successful features of the federal wartime administration, the adjustment boards, by creating a Railroad Labor Board (RLB) with the power to issue non-binding proposals for the resolution of labor disputes, as part of the Esch–Cummins Act (Transportation Act of 1920).

The RLB soon destroyed whatever moral authority its decisions might have had in a series of decisions. In 1921 it ordered a twelve percent reduction in employees' wages, which the railroads were quick to implement.[9] The following year, when shop employees of the railroads launched a national strike, the RLB issued a declaration that purported to outlaw the strike; the Department of Justice then obtained an injunction that carried out that declaration. From that point forward railway unions refused to have anything to do with the RLB.

The RLA was the product of negotiations between the major railroad companies and the unions that represented their employees.[10] Like its predecessors, it relied on boards of adjustment, established by the parties, to resolve labor disputes, with a government-appointed Board of Mediation to attempt to resolve those disputes that board of adjustment could not. The RLA promoted voluntary arbitration as the best method for resolving those disputes that the Board of Mediation could not settle.

Congress strengthened the procedures in the 1934 amendments to the Act, which created a procedure for resolving whether a union had the support of the majority of employees in a particular "craft or class," while turning the Board of Mediation into a permanent agency, the National Mediation Board (NMB), with broader powers.

Congress extended the RLA to cover airline employees in 1936.[11]

Unlike the National Labor Relations Act (NLRA), which adopts a less interventionist approach to the way the parties conduct collective bargaining or resolve their disputes arising under collective bargaining agreements, the RLA specifies both (1) the negotiation and mediation procedures that unions and employers must exhaust before they may change the status quo and (2) the methods for resolving "minor" disputes over the interpretation or application of collective bargaining agreements.

The RLA permits strikes over major disputes only after the union has exhausted the RLA's negotiation and mediation procedures and bars almost all strikes over minor disputes. The RLA also authorizes the courts to enjoin strikes if the union has not exhausted those procedures.

On the other hand, the RLA imposes fewer restrictions on the tactics that unions may use when they do have the right to strike. The RLA, unlike the NLRA, allows secondary boycotts against other RLA-regulated carriers and permits employees to engage in other types of strikes, such as intermittent strikes, that might be unprotected under the NLRA.

The NMB has the responsibility for conducting elections when a union claims to represent a carrier's employees. The NMB defines the craft or class of employees eligible to vote, which almost always extends to all of the employees performing a particular job function throughout the company's operations, rather than just those at a particular site or in a particular region.

A union seeking to represent an unorganized group of employees must produce signed and dated authorization cards or other proof of support from at least 50℅ of the craft or class. A party attempting to oust an incumbent union must produce evidence of support from a majority of the craft of class and then the NMB must conduct an election. If the employees are unrepresented and the employer agrees, the NMB may certify the union based on the authorization cards alone.

The NMB usually uses mail ballots to conduct elections, unlike the National Labor Relations Board (NLRB), which has historically preferred walk-in elections under the NLRA. The NMB can order a rerun election if it determines that either an employer or union has interfered with employees' free choice.

Unlike the NLRA, which gives the NLRB nearly exclusive power to enforce the Act, the RLA allows employees to sue in federal court to challenge an employer's violation of the Act. The courts can grant employees reinstatement and backpay, along with other forms of equitable relief.

• US labor law
• History of rail transport in the United States

• National Mediation Board
• Critique of the RLA's election procedures
• Analysis of the RLA's bargaining requirements
• Description of Coalition Bargaining pages 9 to 20