News & Analysis as of

Unions Railway Labor Act

CDF Labor Law LLP

California Exempts Certain Airline Cabin Crew from California Meal and Rest Period Mandates

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On March 23, 2023, Governor Newsom signed Senate Bill (SB) 41 providing relief for employers with airline cabin crew employees covered by a valid collective bargaining agreement (CBA) under the Federal Railway Labor Act and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - December 2022

Congress and POTUS Act to Avert National Freight Rail Shutdown. The national freight rail dispute that the Buzz had been tracking for months has come to the end of the line. Several holdout labor unions had refused to ratify...more

Jackson Lewis P.C.

President Biden Calls on Congress to Avoid Mass Railroad Strike

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President Joe Biden has asked Congress to step in and enact legislation in the hopes of preventing a nationwide railway strike. The move comes after four of 12 national railroad labor unions rejected a proposed bargaining...more

Fisher Phillips

An Employer’s Guide to the Potential Railroad Strike Ahead

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Only hours before 100,000 railroad workers across the United States were set to go on strike in September, President Biden announced that his administration had facilitated a tentative agreement to prevent the walk-off. For...more

Faegre Drinker Biddle & Reath LLP

What All Employers Can Learn From Most Recent Railway Dispute

On September 15, 2022, railroad companies and unions representing railway workers reached a tentative agreement to potentially prevent a strike that would have caused significant harm to the American supply chain and economy....more

Holland & Knight LLP

Rail Strike Could Cause Supply Chain, Commuter Issues

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Railroads are covered by the federal Railway Labor Act (RLA), a piece of legislation that historically was the result of compromise between rail labor and rail management. One of the ostensible compromises in the RLA is that...more

Holland & Knight LLP

FRA Again Proposes Crew Size Regulation, Complicating Rail Union Negotiations

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The Federal Railroad Administration (FRA), the federal agency that regulates rail safety, introduced a Notice of Proposed Rulemaking (NPRM) on July 28, 2022, that addresses the number of employees required to operate a train,...more

Seyfarth Shaw LLP

D.C. District Affirms the NMB’s Decertification Rule

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Seyfarth Synopsis: The National Mediation Board’s new decertification rule survived the first round of legal challenge. In 2019, the NMB issued a final rule providing a direct decertification process under the Railway Labor...more

Seyfarth Shaw LLP

Potential Path for Carriers and Employers to Enjoin Strikes over COVID-19 Issues: Court Rejects Union’s Effort to Use Safety...

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Seyfarth Synopsis: Many employers have been dealing with threats of COVID-19 related work stoppages over the past several months. Whether such strike activity is subject to no-strike clauses under the National Labor...more

Sheppard Mullin Richter & Hampton LLP

NLRA “Advice” All Employers Should Consider in a COVID World

Most employers wrestling with COVID-19 related employment law issues aren’t paying much attention to the labor law issues arising out of the pandemic. Indeed, because most U.S. employers are non-union, many operate under the...more

FordHarrison

NMB Adopts Rule Change to Simplify the Decertification Process of Labor Unions

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 On July 26, 2019, the National Mediation Board (NMB) announced that it is amending its regulations to provide a straightforward procedure for the decertification of labor unions. ...more

Polsinelli

Private Biometric Data: Union Consent to Collection

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On June 13, 2019, the U.S. Seventh Circuit Court of Appeals in Miller v. Southwest Airlines, Co., Case 18-3476 (June 13, 2019), ruled that claims asserted under the Illinois Biometric Information Privacy Act (“BIPA”), in the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - May 2019 #3

Spring Regulatory Agenda Issued. On May 22, 2019, the Office of Information and Regulatory Affairs (OIRA) released the administration’s Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions. Before diving into the...more

FordHarrison

Airline Industry Alert: NMB to Hold Public Hearing on Proposed Rule to Simplify Process for Decertification of Labor Unions

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As previously reported, the National Mediation Board (“NMB”) issued a Notice of Proposed Rulemaking (“NPRM”) setting forth a proposal to amend its rules regarding the decertification of labor unions under the Railway Labor...more

Jones Day

The Death of the National Mediation Board’s "Straw Man" Decertification Procedure?

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The National Mediation Board's proposed rule would create a direct decertification procedure, eliminating its current, convoluted "straw man" decertification procedure. On January 31, 2019, the National Mediation Board...more

Akin Gump Strauss Hauer & Feld LLP

En Banc 9th Circuit: No Arbitration of State Claims by Unionized Employees, Unless Collective Bargaining Agreement Must Be...

• To compel a union employee’s state law claim into arbitration based on RLA or LMRA preemption, an employer must prove that (1) the CBA is the “only source” of the right that the employee asserts and (2) litigating the state...more

Holland & Knight LLP

New Employer Guidance for Illinois Biometric Information Litigation

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• The number of class actions brought under Illinois' Biometric Information Privacy Act (BIPA) has increased substantially each year since its passage in 2008. • One of the main issues facing litigants is what constitutes...more

JAMS

Inside ADR - November 2017

JAMS on

Dispute Deemed Minor under the Railway Labor Act, Sent To Arbitration - Flight Options, LLC and Flexjet LLC v. International Brotherhood of Teamsters 2017 WL 4583014 United States Court of Appeals, Sixth Circuit The...more

Benesch

“Right-to-Work” Momentum Building in 2017

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In the early months of 2017, right-to-work legislation continues to garner significant attention as a number of states explore legislation. In early January, Kentucky passed legislation prohibiting employers from entering...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Missouri Becomes 28th Right-to-Work State

On February 6, 2017, Missouri Governor Eric Greitens signed Senate Bill 19, making Missouri our nation’s 28th right-to-work state. In the last five years, five other states have passed right to work legislation (Indiana,...more

Foley & Lardner LLP

Joint Employer Standard Causing Jurisdictional Headaches

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Ever since the National Labor Relations Board (NLRB) blew open the joint employer concept last year in Browning-Ferris, it has been a rocky road for all involved to understand the implications of this new standard. The latest...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Equal Time for Union Organizers: How Far Will the NLRB Go?

Recently, 106 labor law professors and labor studies academics filed a rulemaking petition with the National Labor Relations Board (NLRB) seeking an administrative rule that would require employers to provide “equal time” to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Holds No Status Quo Obligation During First Contract Negotiations Under Railway Labor Act

On June 8, 2015, in International Brotherhood of Teamsters, Airlines Division v. Allegiant Air, LLC, No. 14-16465 (June 8, 2015), the Ninth Circuit Court of Appeals ruled that under the Railway Labor Act (RLA), employers are...more

Sherman & Howard L.L.C.

RLA: A Duty to Unionize?

Aircraft service employees threatened to close Seattle’s airport. They were disgruntled about the suspension of a co-worker, and they banded together with a community organizer (not a union agent) to threaten a strike. The...more

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