Originally Posted by
smoothatFL410
Of course they apply. The provisions of the RLA are not thrown out simply because a vote turned down the TA. Remember, things could go both ways, and backfire, both ways. If the RLA goes out the window then the company can violate status quo then so can the employee group. IE, work slow-downs, strikes, etc. No way the NMB would allow it. It's not that easy to circumvent the RLA.
Status quo stays in effect until a contract is ratified. Now. That doesn't mean the two parties can't come up with letters of agreement to agree to temporary changes to the status quo. For instance, if it's decided it will take a year or more to negotiate a second TA, but the company wants to instill a pay raise the Union could agree to that in writing. But to change our insurance or work rules, for instance, without an LOA during the "laboratory period" could land them in court and easily be found in violation of the RLA, or ruled against them in arbitration.
I respectfully disagree. Status quo, as provided for in 45 U.S.C. 156, only applies to work rules, etc. that are already in place as a result of an AGREEMENT between the bargaining unit and the company. Are any of the current work rules, or pay rates, etc. provided for under an existing agreement under the RLA and within the jurisdiction of the NMB?
Additionally, take a look at the last paragraph on p. 23 of
http://cdn.ca9.uscourts.gov/datastor...8/14-16465.pdf