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Railway Labor Act

The Railway Labor Act (RLA), first passed in 1926 and later expanded to include the airline industry, is a federal law created to keep the nation’s rail and air transportation systems running without interruption. Because these industries are essential to interstate commerce, Congress designed the RLA to reduce strikes, lockouts, and other disruptions by encouraging problem-solving before conflict reaches a crisis point.

The RLA grants employees the right to organize, join a union, and elect representatives to negotiate their wages, working conditions, and other terms of employment. It also places both employers and unions under a duty to negotiate in good faith. When disagreements arise, the National Mediation Board (NMB) facilitates mediation and, if necessary, initiates additional procedures, such as cooling-off periods, before either side may take economic action. This structured process reflects the RLA’s central goal: to support stable labor relations while ensuring that railroads and airlines operate smoothly.

The National Labor Relations Act (NLRA) governs most private-sector workplaces, while the Railway Labor Act (RLA) covers the airline and railroad industries.

Key Differences Between the RLA and the NLRA

Union Representation

  • RLA: Representation is overseen by the National Mediation Board. The International is typically the certified representative.

  • NLRA: Representation is handled by the National Labor Relations Board. Locals are typically the certified representative.

Dispute Resolution

  • RLA: Requires mediation and cooling-off periods before strikes or lockouts. These safeguards are mandatory and must be completed before either side may take self-help action.

  • NLRA: Allows economic strikes once bargaining reaches an impasse, with fewer required steps.

Strikes and Self-Help

  • RLA: Strongly limits the timing of strikes. The NMB and, in rare cases, the President or Congress may intervene to avoid disruptions to interstate commerce.

  • NLRA: Strikes are generally allowed without federal intervention unless special circumstances arise.

Bargaining Structure

  • RLA: Bargaining units are often craft- or class-wide and can span an entire system.

  • NLRA: Bargaining units are typically smaller and based on “community of interest” in a particular workplace or department.

Representational Rights Under the RLA

Weingarten Rights Do Not Apply
Under the NLRA, employees have “Weingarten rights,” which allow them to request union representation during investigatory meetings that may lead to discipline. These rights do not automatically apply under the Railway Labor Act.

Representation Depends on the Collective Bargaining Agreement (CBA)
For RLA-covered employees, the right to union representation in meetings is governed by the provisions of the CBA. Employees must affirmatively request union representation in accordance with the contract’s procedures. The employer’s obligations, and the union’s role, are defined by the specific language of the agreement rather than by NLRA case law.

Practical Implications

  • Members should know when and how to request representation under their CBA.

  • Supervisors are not required to automatically offer representation; the employee must ask.

  • The union’s ability to attend or participate in meetings depends on the contract’s terms.