Truckers Strike may not apply under the RLA
11-20-2020, 06:19 AM
#1
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Truckers Strike may not apply under the RLA
I was wondering if anyone was following the impending Truckers Strike in N. America?
Under the RLA, employers are referred to as carriers. The term carrier includes railway and airline companies as well as any company that is directly or indirectly controlled by, or under common control with, a railway or airline carrier that falls under the coverage of the RLA. The RLA specifically excludes "trucking service" and most "street, interurban or suburban electric railways" from its coverage. However, if a trucking company almost exclusively performs services for a railway carrier, the trucking exemption may not apply
Some history here would be relevant...
In 1877 the “Great Railroad Strike” took place crippling the rail industry. In 1888 Congress passed the “Arbitration Act.” Railroad strife continued with rocky labor relations in the industry. At the time Rail was the life blood of the company. Other acts were passed in response: The Erdman Act, The Newlands Act, and the Adamson Act were all passed in an attempt to minimize rail service disruption across the country. During WWI, President Woodrow Wilson proclaimed he could take control of the rail industry if necessary. In 1920, Esch-Cummins was also passed to resolve disputes.
The Railway Labor Act or RLA was first enacted in 1926 and is the culmination of over one hundred years of experimental legislation with tentacles into railroad travel, air travel, land travel, and sea travel. It’s primary purpose is to promote “stability” and “order” in the rail industry. Today, however it is applicable to all modes of public transport that support our economic center of gravity. Essentially, the primary modes of transportation are considered “vital” to the United States economy and as such “interstate commerce” is protected by the United States Government. Originally it was applicable to the Railroad industry, but in 1936 Congress passed Title II of the act, which extended coverage into the airline industry.
Under the RLA, employers are referred to as carriers. The term carrier includes railway and airline companies as well as any company that is directly or indirectly controlled by, or under common control with, a railway or airline carrier that falls under the coverage of the RLA. The RLA specifically excludes "trucking service" and most "street, interurban or suburban electric railways" from its coverage. However, if a trucking company almost exclusively performs services for a railway carrier, the trucking exemption may not apply
Some history here would be relevant...
In 1877 the “Great Railroad Strike” took place crippling the rail industry. In 1888 Congress passed the “Arbitration Act.” Railroad strife continued with rocky labor relations in the industry. At the time Rail was the life blood of the company. Other acts were passed in response: The Erdman Act, The Newlands Act, and the Adamson Act were all passed in an attempt to minimize rail service disruption across the country. During WWI, President Woodrow Wilson proclaimed he could take control of the rail industry if necessary. In 1920, Esch-Cummins was also passed to resolve disputes.
The Railway Labor Act or RLA was first enacted in 1926 and is the culmination of over one hundred years of experimental legislation with tentacles into railroad travel, air travel, land travel, and sea travel. It’s primary purpose is to promote “stability” and “order” in the rail industry. Today, however it is applicable to all modes of public transport that support our economic center of gravity. Essentially, the primary modes of transportation are considered “vital” to the United States economy and as such “interstate commerce” is protected by the United States Government. Originally it was applicable to the Railroad industry, but in 1936 Congress passed Title II of the act, which extended coverage into the airline industry.
11-20-2020, 06:27 AM
#2
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RLA doesn’t apply to trucking, the union carriers are under the NLRA, very different rules. Moreover, O/Os are independent contractors and can’t strike or organize under restraint of trade law, they tried in the ‘70s.
Black Smoke Matters
Black Smoke Matters
11-20-2020, 03:13 PM
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11-21-2020, 08:51 AM
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Posts: 693
Originally Posted by Grumpyaviator
Talk about misguided. I mean, it's STILL a free country. You can protest anything you want. But count me out on this tilting at windmills.
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