Originally Posted by
ToiletDuck
May I ask why a judge can block a strike? When would one be allowed?
Originally Posted by
hatetobreakit2u
Railway labor act, he can call a 30 day coolin off period where you have to keep working. something along those lines, if you ask me its called legalized slavery
A judge does not "call a 30-day coolin off period" under the Railway Labor Act. Let's talk RLA for a minute. Under the RLA, the Company and the Collective Bargaining Agent (the "Union") bargain to achieve a Collective Bargaining Agreement, or "Contract." If they are unable to reach an agreement, the National Mediation Board steps in to mediate negotiations. If they determine that negotiations have reached an impasse, they can release both parties to "Self-Help." Under Self-Help, the Union can withdraw services, or any number of other legal job actions. Likewise, the Company can lock out the employees or any number of other self-help activities. If the Union decides to withdraw services (strike) the President of the United States can call an Emergency Board to evaluate the situatuation, and force the parties to "cool off" for 30 days. At the end of that cooling off, the President can call an additional 30-day cooling off period. At the conclusion of that period, NOTHING can keep the union from striking.
Now, let's look at what has been happening lately. Companies go to bankruptcy judges and ask to be released from their commitments in the legally-negotiated contracts. Judges, having no knowledge or expertise in RLA law, say, sure, sounds good to me. This action completely circumvents the protections afforded both parties by the RLA. Unions answer back with, well, if they can ignore the RLA and impose a new contract (an action that is only allowed under the RLA as "self help"), then the union should also be allowed to engage in self-help -- strike. The same judges who have no business throwing out contracts have been tending to say, "No, you can't strike." THAT, my friends, amounts to endentured servitude. The judge is saying the company can impose their own work rules, and the employees have no choice but to work under those rules.
Now, that doesn't really address what a judge can do -- it only addresses what the laws are, and what they
should do. Case law is replete with examples of judges overstepping their authority.
.