Articles

Significant differences lie between bargaining under two labor laws - the NLRA and RLA. We've broken down what it means to negotiate under the RLA.

• Contracts do not expire under the RLA, they become amendable, so the exact timing of a potential work stoppage can be hard to predict
• Mediation is a mandatory step under the RLA if the parties cannot reach an agreement in direct negotiations
• Both management and unions try to argue to the NMB to either slow the process down or speed up the process, depending on the situation
• The federal courts have described negotiations under the RLA as “interminable”
• The process includes direct negotiations, mediation, the proffer of arbitration, 30-day cooling-off period, the union is free to engage in self-help and the company is free to lockout employees
• There is also a provision for the President to appoint a PEB (Presidential Emergency Board); the PEB holds hearings and issues a non-binding recommendation to end the dispute