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Definition of Major Dispute. Major disputes involve the creation or changing of collective bargaining agreements on rates of pay, work rules and working conditions, and are subject to conciliation procedures that are purposely long and drawn-out. Unlike other industries, collective bargaining agreements under the RLA do not expire on certain dates, but remain in full force and effect until changed in accordance with the procedures of the RLA.


RLA Bargaining Procedures. The RLA's procedural steps for major disputes are as follows:

- A party desiring to effect a change of rates of pay, work rules, or working conditions must give advance written notice (so called "Section 6 notices").

- The parties must confer, and if they fail to resolve the dispute, either or both may invoke the services of the NMB. The NMB may also offer its services if it finds a labor emergency to exist.

- The NMB can keep the parties in mediation indefinitely, so long as it feels there is a reasonable prospect for settlement. However, if mediation fails, the NMB must endeavor to induce the parties to submit the controversy to binding arbitration, which can take place, however, only if both consent.

- If arbitration is rejected, the parties must maintain the status quo for a 30-day period. If the NMB determines that the dispute threatens "substantially to interrupt interstate commerce to a degree such as to deprive any section of the country of essential transportation service," the NMB shall notify the President, who may create a PEB to investigate the dispute for a 30-day period and issue non-binding recommendations for resolving the dispute. The parties typically agree to PEB requests for extensions of time to further study a dispute. The last stages of the conciliation procedures differ slightly for publicly funded and operated rail commuter carriers.

- While the dispute is working its way through these stages, and for an additional 30 days following the issuance of the PEB's report, the parties must maintain the status quo , and cannot utilize self-help measures. Although not specifically provided for in the RLA, the NMB typically works with the parties to try to induce a last-minute settlement or voluntary extension of the status quo.

- If, after the final 30-day status quo period has expired, a settlement has not been reached, the parties are free to resort to self-help and cannot be enjoined from doing so.

Self-help. The RLA is silent on the scope of allowable self-help available to the parties after they have exhausted the major dispute resolution procedures. However, court decisions have made clear that the scope of permissible self-help is broad, extending considerably beyond the bounds of self-help that would be permitted to employers and unions covered by the National Labor Relations Act ("NLRA"). Courts have ruled, for example, that an RLA union may strike and peacefully picket a carrier with which it has a primary dispute, engage in intermittent work stoppages ( e.g ., "selective" or "rolling strikes"), and secondarily picket other neutral RLA employers (a practice prohibited under the NLRA). For carriers, self-help includes: implementing their proposed contract changes; making a national response to defend against a selective strike that jeopardizes national bargaining, including locking out striking workers and, if the labor contract with non-striking workers permits, other workers; and replacing striking workers. The courts cannot enjoin such self-help activity.

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