Originally Posted by Check Essential

I hear you Denny, and I'm grateful to the NMB for bringing attention to the high degree of integration among the various units of RAH.
There's a misperception out there however about the NMB's role in our scope clause. Let me just tag on to your post to explain my understanding of that situation.

forgot to bid has been a tireless advocate for the strict enforcement of our scope but he often mentions in his posts how its the NMB that would need to take the next step here beyond declaring RAH a single transportation system for representation purposes.






Just trying to clarify for everyone -- the NMB does not make those kinds of rulings. They have nothing to do with the definition of "air carrier" which is at issue in our contract. The Railway Labor Act does not give them jurisdiction to do that. They only look at STS questions in the case of representation disputes and their determinations have no effect beyond that. Their investigation of RAH would certainly provide a wealth of data and arguments for us to use, but if we want to have RAH declared an air carrier for purposes of scope enforcement, it has to come from the System Board of Adjustment via a grievance procedure. The question of whether RAH is legally an "air carrier" is what's known as a "minor dispute" under the RLA. (sorry. more legal jargon) here's a couple links:
Railway Labor Act - Wikipedia, the free encyclopedia
Railroad Labor Act Overview

IV. Grievance Disputes (So Called "Minor Disputes")
Definition of Minor Disputes. Disputes that arise out of the interpretation or application of existing contractual rights are considered minor disputes. Courts have ruled that a dispute is minor if the employer's action complained of by a contract employee is "arguably justified" by the collective bargaining agreement. Minor disputes initially are dealt with through the carrier's internal dispute resolution procedures. If a minor dispute is not settled through initial discussions, it may be referred for binding arbitration by either party to a grievance adjustment board composed of union and management representatives -- system adjustment boards in the case of airlines, and the National Railroad Adjustment Board or to special boards of adjustment in the case of railroads.

Sorry to be nitpicking. Just wanted to get that out there. If we want to move on the RAH issue, the MEC has to file a grievance and then the System Board takes over. Its not the NMB at all.