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View Full Version : Railway Labor Act Simplified


queue
06-04-2018, 07:22 PM
It's always good to know the law.

source: The Railway Labor Act Simplified (http://pennfedbmwe.org/Docs/reference/RLA_Simplified.html)


Contracts remain in force until changed. Either party seeking to amend existing CBA’s must provide 30-day written notice as to desired changes. (Section 6 RLA). There is no time limit by which contracts must be negotiated to avoid a work stoppage. Under Section 6 of the act either side may propose changes to an existing collective bargaining agreement, but agreements (for purposes of stability and labor peace) generally contain agreed upon moratorium clauses that provide no change may be demanded on specified subjects for a prescribed period of time.

Once Section 6 notices proposing changes to an existing agreement have been served, the parties must maintain the status quo (no strikes or lockouts or promulgation of changes) until all procedures of the RLA have been fully exhausted.


For major disputes over wages, benefits and working conditions, the RLA provides for a three-member National Mediation Board, appointed by the president and confirmed by the Senate, with the power to mediate any dispute between carriers and their employees at the request of either party or upon the board's own motion.


There is no time limit on the mediation procedure. The NMB controls the schedule of talks and only the NMB may release the parties from mediation.


If the NMB is unable to bring about an amicable settlement of the controversy through mediation, the board is required to use its influence to induce the parties voluntarily to submit to binding arbitration. The law is specific in that arbitration is voluntary and not compulsory.
If both sides voluntarily agree to binding arbitration, an Arbitration Board of up to six members is to be established. Carriers and labor each select an equal number of arbitrators, who then select the additional member or members.

Presidential Emergency Board

If either labor or management decline voluntary arbitration, and if in the opinion of the NMB the continuance of the controversy threatens substantially to interrupt interstate commerce in any section of the nation, the NMB is required to notify the President of the United States, who may, at his discretion, create a fact-finding Presidential Emergency Board.


The parties must maintain the status quo (no strikes or lockouts) for 30 days. If the president chooses not to appoint an emergency board, strikes or lockouts may occur after the 30-day cooling-off period.
Emergency boards are comprised of neutral members whose job is to make an investigation and submit to the president, within 30 days of its creation, a fact-finding report with non-binding recommendations for procedures or terms on which a dispute might be settled. During this period, the parties must maintain the status quo (a second 30-day cooling-off period).


Upon submission of the PEB report, the parties are required to maintain the status quo for an additional, or third 30-day cooling-off period (they may mutually agree to extend the period of status quo). The non-binding recommendations of the PEB are expected to carry the weight of public opinion and induce a voluntary agreement among the parties.
At this point, the RLA has run its course. If no agreement has been reached, either side becomes free to act in its own economic interests -- a work stoppage (or strike) by labor, a lockout by management, or unilateral implementation of management proposals (that generally would force a work stoppage).


However, Congress frequently imposes its own settlement. Such congressional action is not part of the RLA. The constitutional authority for Congress to impose its own settlements is found in Article 1, Section 8 of the Constitution's commerce clause.




This communique is for entertainment purposes only. It does not implicitly or explicitly acknowledge employment with any air carrier nor is any relationship implied. This communique does not represent the opinions or policies of ALPA or JB ALPA and does not represent the collective pilot group, ALPA, nor does it imply collective bargaining, advocacy, or workforce actions intended to disrupt operations.


RiddleEagle18
06-04-2018, 07:51 PM
You keep forgetting to highlight the actual step we are on. I’m sure it an honest mistake though.

“There is no time limit on the mediation procedure. The NMB controls the schedule of talks and only the NMB may release the parties from mediation”

If the mediator sees this as a fair deal he is very likely to put us on ice for several months.

Can we meet outside of mediation? Sure. Is it likely? Probably not.

We get it. You’re a no. I very well may be a no as well. To act like we can just easily strike is absolutely false though.


Sent from my iPhone using Tapatalk

queue
06-04-2018, 08:39 PM
You keep forgetting to highlight the actual step we are on. I’m sure it an honest mistake though.

“There is no time limit on the mediation procedure. The NMB controls the schedule of talks and only the NMB may release the parties from mediation”

If the mediator sees this as a fair deal he is very likely to put us on ice for several months.

The mediator cannot force us to accept an inferior proposal. Time is their weapon. Even if it's several months, in the long term there will be a more beneficial result for us.

Can we meet outside of mediation? Sure. Is it likely? Probably not.

It depends on how expensive or persuasive we are to BJ. They certainly came up with an offer rather quickly recently. Something caused this. We know for a fact we canceled our latest show of force which took away some of our bargaining power. Of course it could be restarted tomorrow at sporting events, airports, major cities, the media, etc. Perhaps certain shows of force have a tactical effect that they didn't like? Perhaps investors are pressuring them? Perhaps they want to be bought out? Perhaps they want to fly to Europe sooner rather than later? Who knows... but certainly we could persuade them to reach a better deal on a shorter timeline.

We get it. Your a no. I very well may be a no as well. To act like we can just easily strike is absolutely false though.

It's not a difficult thing. We merely have to keep refusing any inferior voluntary remedy. Clearly you can see in the RLA that nothing is mandatory unless we're foolish enough to accept inferior Pay & Rules.

This communique is for entertainment purposes only. It does not implicitly or explicitly acknowledge employment with any air carrier nor is any relationship implied. This communique does not represent the opinions or policies of ALPA or JB ALPA and does not represent the collective pilot group, ALPA, nor does it imply collective bargaining, advocacy, or workforce actions intended to disrupt operations.


Bluedriver
06-05-2018, 06:16 AM
Q, take it down two notches.

You're not exactly wrong, but the majority of the group is just not where you are. Seriously.

The group can't get to where you are leading them if they have no appetite for that fight. You are ****ing into the wind and wasting a tremendous amount of your time, and our time in the process. BECAUSE THE GROUP DOESN'T WANT THIS FIGHT AT THIS TIME.

Besides all that, we don't have the full language yet, so this discussion is even more pointless. I agree with you, there is very likely not going to be any unicorn language that makes this great. But the majority seems completely intent on seeing the language before making a judgement. Since it is obviously the case that the group wants to see the language first, before making a judgement, how can you not see that you are just wasting your time???

Even after the language, assuming the language doesn't make this thing super awesome, if the group simply doesn't want this fight (because they (group majority) are satisfied with 5th out of 6th for the better part of the next decade) then you are just wasting your time!

Furthermore, I have to agree with others, something just doesn't add up with you. I am still not convinced you are a JB line pilot.

You're Mel Gibson in Braveheart, but with no one standing behind you bud.

So, you either are everything you say you are but it's NOT working.

Or you are F & H and it's NOT working.

If you really are a JB line pilot, wait until the language comes out. Gauge the groups reaction to it and gauge the groups appetite for the hard fight ahead. If you see an opening, lead.

If not, if it's like right now, you're just ****ing into a hurricane.

BD

queue
06-05-2018, 06:37 AM
Q, take it down two notches.

You're not exactly wrong, but the majority of the group is just not where you are. Seriously.

The group can't get to where you are leading them if they have no appetite for that fight. You are ****ing into the wind and wasting a tremendous amount of your time, and our time in the process. BECAUSE THE GROUP DOESN'T WANT THIS FIGHT AT THIS TIME.

Besides all that, we don't have the full language yet, so this discussion is even more pointless. I agree with you, there is very likely not going to be any unicorn language that makes this great. But the majority seems completely intent on seeing the language before making a judgement. Since it is obviously the case that the group wants to see the language first, before making a judgement, how can you not see that you are just wasting your time???

Even after the language, assuming the language doesn't make this thing super awesome, if the group simply doesn't want this fight (because they (group majority) are satisfied with 5th out of 6th for the better part of the next decade) then you are just wasting your time!

Furthermore, I have to agree with others, something just doesn't add up with you. I am still not convinced you are a JB line pilot.

You're Mel Gibson in Braveheart, but with no one standing behind you bud.

So, you either are everything you say you are but it's NOT working.

Or you are F & H and it's NOT working.

If you really are a JB line pilot, wait until the language comes out. Gauge the groups reaction to it and gauge the groups appetite for the hard fight ahead. If you see an opening, lead.

If not, if it's like right now, you're just ****ing into a hurricane.

BD


BD, you can say whatever you want. It's unfortunate that you have chosen to be defeated. The most important thing you can do now is to let people know the process and the law. People need to know they have options and not just "if we don't accept this, it could be years and years before we get another AIP". There are people in the world that make real sacrifices for what they believe in. This is a first world problem and using our voices is hardly a sacrifice (neither is standing in a freezing picket line, by the way). It's not like you're standing in front of a tank in Tiananman square (https://en.wikipedia.org/wiki/Tank_Man). So we really have no reason to think that we can't individually make a difference. The majority of people read these forums but don't post. So whatever concept you have of whether "it's working or not" is only your opinion. I guarantee you that not fighting for a better workplace is only the recipe for a track record of failure (e.g. 3 attempts to get ALPA here because most BJ pilots are too defeated to know better).

If things don't add up, it's because you're too used to being a BJ pilot. You don't live in the real world where people stand up for themselves and their profession. It's a shame that this pilot group is so defeated/conquered that these concepts are so alien to them. Why else would you guys be so opposed to demanding better pay and rates? We can wait for the language but not much will be better, unless the language outright contradicts the AIP bulletpoints. In the meantime, we are wasting more time by not demanding much, much more of B6ALPA. Can you tell me why people are making the argument that Alaska+1 is the best we'll ever get out of the RLA process? If we read the law, clearly every single decision step of the RLA gives us the option for voluntary settlement. If the national board says that an airline of our size and scope is most comparable to Alaska, why are people believing that we have to accept that? According to the law, we simply reject the board's recommendation. So you see, there are lots of false ideas floating around. They don't have to settle for the table scraps offered by BJ and B6ALPA. We own B6ALPA and they have to do what we say, or we fire them.

This communique is for entertainment purposes only. It does not implicitly or explicitly acknowledge employment with any air carrier nor is any relationship implied. This communique does not represent the opinions or policies of ALPA or JB ALPA and does not represent the collective pilot group, ALPA, nor does it imply collective bargaining, advocacy, or workforce actions intended to disrupt operations.

Bluedriver
06-05-2018, 06:45 AM
I'm not defeated, the group may well be though.

Look behind you Colonel, you're leading an army that isn't there!

queue
06-05-2018, 06:54 AM
I'm not defeated, the group may well be though.

Look behind you Colonel, you're leading an army that isn't there!


They will look back when they get egg in their face (again). Most people learn by making mistakes. Third time was a charm with ALPA.



http://www.relatably.com/q/img/mahatma-gandhi-quotes/Gandhi-Quotes.jpg

This communique is for entertainment purposes only. It does not implicitly or explicitly acknowledge employment with any air carrier nor is any relationship implied. This communique does not represent the opinions or policies of ALPA or JB ALPA and does not represent the collective pilot group, ALPA, nor does it imply collective bargaining, advocacy, or workforce actions intended to disrupt operations.

Bluedriver
06-05-2018, 06:57 AM
They will look back when they get egg in their face (again). Most people learn by making mistakes. Third time was a charm with ALPA.



http://www.relatably.com/q/img/mahatma-gandhi-quotes/Gandhi-Quotes.jpg

This communique is for entertainment purposes only. It does not implicitly or explicitly acknowledge employment with any air carrier nor is any relationship implied. This communique does not represent the opinions or policies of ALPA or JB ALPA and does not represent the collective pilot group, ALPA, nor does it imply collective bargaining, advocacy, or workforce actions intended to disrupt operations.

I could not possibly agree more!

And I guess I can't blame you for trying to accomplish something you may well believe in.

But this group isn't with you yet, that's clear.

queue
06-05-2018, 07:26 AM
I could not possibly agree more!

And I guess I can't blame you for trying to accomplish something you may well believe in.

But this group isn't with you yet, that's clear.


And they won't be until they crash and burn. Ideally they all become independent thinkers and the leadership is within each of them rather than outsourcing it like thoughtless lemmings (or Democrats). It's better to change the groupthink such that we all respect ourselves and the profession, then we can all stand by common principles rather than some flawed human.



This communique is for entertainment purposes only. It does not implicitly or explicitly acknowledge employment with any air carrier nor is any relationship implied. This communique does not represent the opinions or policies of ALPA or JB ALPA and does not represent the collective pilot group, ALPA, nor does it imply collective bargaining, advocacy, or workforce actions intended to disrupt operations.



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