Rights of Union Members
Your Rights Under the Railway Labor Act (RLA)
and the Collective Bargaining Agreement (CBA)
The Railway Labor Act (RLA) governs labor relations in the airline industry, including Air Methods, LLC. As Flight Deck Crew Members represented by OPEIU Local 109, you have important rights related to representation, job security, due process, and collective bargaining. Many of these rights are strengthened and defined by your 2023–2029 Collective Bargaining Agreement (CBA).
This page explains your RLA rights and how Local 109’s contract protects and enforces them.
Click on each for more details
1. Right to Union Representation & Collective Bargaining
Under the RLA, you have the legal right to union representation and collective bargaining. Air Methods formally recognizes OPEIU as the exclusive bargaining representative of Flight Deck Crew Members.
- The Company “recognizes the Union as the sole collective bargaining agent” for pilots regarding wages, hours, and working conditions. (Article 2.1)
- You cannot be interfered with, restrained, coerced, or discriminated against for union membership or lawful union activity. (Article 1.2)
2. Right to Fair Representation (DFR)
As your designated bargaining representative, Local 109 is obligated to represent all pilots fairly, in good faith, and without discrimination in all matters related to the CBA and the RLA.
This includes bargaining, grievances, workplace disputes, and representational rights.
3. Right to Union Membership or Agency Fee Status
The RLA permits agency shop provisions, and the CBA includes one: (Article 3.1–3.3, 3.10)
- Pilots must become members or agency fee payers within 60 days of hire.
- No pilot can be pressured to join or not join the union.
- Beck objector rights must be provided to all pilots.
4. Right to Representation in Investigatory & Disciplinary Meetings
The RLA does not automatically grant NLRA-style Weingarten rights, but Local 109 has negotiated those protections into the contract. (Article 9.2 & 9.3)
Pilots have the right to union representation:
- During investigatory meetings where discipline may result.
- When asked for statements regarding incidents that could lead to discipline.
- When called into a meeting where disciplinary action could be taken.
- Representation may be in person or virtual.
The Company must:
- Inform pilots of the reasons for the meeting.
- Allow reasonable time (up to 48 hours) for a representative to attend.
- At the conclusion of the investigatory meeting, the Pilot will be notified in writing of the next steps and expected timeline for the investigation.
5. Right to Due Process & “Just Cause” in Discipline
Under the RLA, discipline cannot be arbitrary, and the CBA strengthens this through explicit due-process protections: (Article 9)
- Discipline and discharge must be for just cause.
- The Company must use progressive discipline, except for serious misconduct.
- Pilots may grieve discipline or discharge through the grievance and System Board procedures.
- Pilots removed from duty must receive written notice of the reasons.
- Paid administrative leave may be used only under defined rules.
Certain disciplinary records have built-in expiration limits:
- Safety-related discipline older than 5 years cannot be used.
- Customer-complaint discipline older than 12 months cannot be used unless repeated.
6. Right to a Formal Grievance Procedure
Your CBA provides a detailed, multi-step grievance process for any dispute over the interpretation or application of the agreement: (Article 6)
- Step 1: Attempt resolution with supervisor (10-day timelines).
- Step 2–4: Written grievances, formal responses, and escalation.
- Strict time limits protect your right to timely resolution.
If a pilot is exonerated: (Article 6.8)
- All references must be removed from their record.
- The pilot must be made whole.
7. Right to the System Board of Adjustment (Arbitration)
The RLA requires that contract disputes in the airline industry be resolved through a System Board of Adjustment, not the courts (except in rare circumstances).
Local 109’s CBA includes a binding four-member System Board with neutral arbitration if the members deadlock. (Article 7)
- Jurisdiction includes pay, rules, working conditions, discipline, and discharge.
- Decisions are final and binding.
- No arbitrator may modify the contract.
8. Right to Strike Only After Exhausting RLA Procedures
The RLA significantly limits strikes; the CBA defines and restricts job actions: (Article 8)
- Pilots cannot strike, slow down, sick-out, or conduct work stoppages during the contract term.
- The Company cannot lock out pilots.
- Limited protections exist for refusing to cross picket lines if safety is at risk.
9. Seniority Rights & Layoff Protections
Seniority is a core RLA principle. Your CBA establishes: (Article 11–13)
- Company and bidding seniority definitions
- Seniority-based layoffs, furloughs, and recalls
- Transition Status protections for displaced pilots
- No new hires until all qualified furloughed pilots are recalled
These protections ensure fair and predictable treatment during workforce changes.
10. Representation at the Base Level
Union Representatives and Stewards have defined rights to conduct union business: (Article 10)
- Investigating grievances
- Meeting with pilots on duty time when reasonable
- Presenting grievances to management
11. Your Rights During Contract Negotiations
Under RLA Section 6 (as applied through the CBA and federal law):
- Wages, rules, and working conditions remain in status quo during bargaining.
- Neither side may impose changes without exhausting the RLA mediation process.
This ensures stability and prevents unilateral changes by the employer.
The Labor-Management Reporting and Disclosure Act (LMRDA), 1959
The LMRDA applies to union members, employers, labor relations consultants, and other persons, as well as to labor organizations (unions) and surety companies. Title I of the LMRDA sets forth basic rights that Congress believes should be guaranteed to union members by federal law. These include:
- Equal rights to participate in union activities
- Freedom of speech and assembly
- Voice in setting rates of dues, fees, and assessments
- Protection of the right to sue
- Safeguards against improper discipline
- Access to one's Collective Bargaining Agreement (CBA)
- The right to be informed about the LMRDA
- Access to reports, and the information that informs those reports: the union's constitution and bylaws, and the LM-1 (initial information report) and LM-2 (annual financial report). All of these are public information, and copies are available at the US Department of Labor's Office of Labor-Management Standards' Online Public Disclosure Room.
What do union dues pay for?
Union dues support the following activities:
- Negotiation expenses
- Arbitration expenses
- Legal expenses
- Education programs
- Organizing expenses
- Member death benefits
- Defense (Strike) fund
- Local 109 Staff and office expenses
- Printing and postage
- Affiliation fees
