. Stems from ihe Railway Labor Act of NMB Established by 1934 Amendments. Independent Federal Agency. Eileen Hennessey, Counsel

Similar documents
THE AMERICAN LAW INSTITUTE Continuing Legal Education. Airline and Railroad Labor and Employment Law 2017 April 27-28, 2017 Washington, D.C.

Enterprise Institute (CEI). Ivan Osorio is Editorial Director and Labor Policy Fellow at CEI.

NATIONAL MEDIATION BOARD REPRESENTATION MANUAL. Revised Text Effective October 19, 2015 NOTICE

Working Through an Action-Packed Year: Top Ten Labor Law Developments for Employers to Watch and Manage in 2011

NATIONAL RIGHT TO WORK LEGAL DEFENSE FOUNDATION, INC BRADDOCK ROAD, SUITE 600, SPRINGFIELD, VIRGINIA (703)

MAY. Second Circuit Prohibits Northwest Flight Attendants From Striking Over Pay Cuts LETTER

ABA SECTION OF LABOR & EMPLOYMENT LAW CLE CONFERENCE INTRODUCTION TO THE LAW AND PRACTICE BEFORE THE NATIONAL LABOR RELATIONS BOARD.

Airline Mergers and Labor Integration Provisions Under Federal Law

How to Take a Case Before the NLRB

US AIRWAYS V. NATIONAL MEDIATION BOARD: FIRST AMENDMENT RIGHTS AND THE RIGHT OF SELF-ORGANIZATION UNDER THE RLA

THE AMERICAN LAW INSTITUTE Continuing Legal Education

List of Exhibits. lxi. Main Supple Volume ment

THE AMERICAN LAW INSTITUTE Continuing Legal Education. Airline and Railroad Labor and Employment Law 2017 April 27-28, 2017 Washington, D.C.

Analysis Prepared By the Wisconsin Employment Relations Commission

CONSTITUTION CONGRESSIONAL RESEARCH EMPLOYEES ASSOCIATION (CREA)

Arbitration in the Railroad Industry

NATIONAL MEDIATION BOARD WASHINGTON, D.C

MERGER AGREEMENT between BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES and INTERNATIONAL BROTHERHOOD OF TEAMSTERS

AGREEMENT BETWEEN. Crane Nuclear Inc AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS. Local Union EFFECTIVE January 1, 2009

HISTORY OF THE BROTHERHOOD

BACKGROUNDER. The National Labor Relations Board (NLRB) election processes. The NLRB Can Protect Worker Voting Rights Administratively.

TRADE UNION AND LABOR RELATIONS ADJUSTMENT ACT. Act No. 5310, Mar. 13, 1997 CHAPTER I. General Provisions

Obama and Organized Labor: Legislative Limitations, Administrative Successes. December 1, 2010 Taylor Dark Department of Political Science CSULA

FUNCTIONS & STRUCTURE

THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE CHAPTER 71 THE BACK PAY ACT

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS EMPLOYMENT RELATIONS COMMISSION GENERAL RULES

Procedural Rules for the National Joint Adjustment Board for the Sheet Metal Industry

Comments on the Proposed Rules Governing Notification of Employee Rights Under the National Labor Relations Act. Submitted by

QUESTIONS AND ANSWERS ON USPS/NALC DISPUTE RESOLUTION PROCESS TEST.5-1- "'l 8

Airline Labor Laws - A Fresh Look

Representing Yourself In Employment Arbitration: An Employee s Guide

THE AMERICAN LAW INSTITUTE Continuing Legal Education

Title 26: LABOR AND INDUSTRY

TRIBAL LABOR RELATIONS ORDINANCE September 14, 1999

SUBCHAPTER I-- GENERAL PROVISIONS SUBCHAPTER II-- RIGHTS AND DUTIES OF AGENCIES AND LABOR ORGANIZATIONS

5 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

UNIVERSITY OF HAWAI I-LEEWARD COMMUNITY COLLEGE FACULTY SENATE CHARTER AND BYLAWS I. CHARTER

CHAPTER 12. NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, AND GRIEVANCE ARBITRATION i

Tripartite Labor Disputes in the Airline Industry

United States Merit Systems Protection Board

Guidelines for the enforcement of the Employment Relations Act 2008 and the Employment Rights Act 2008

THE WHITE HOUSE Office of the Press Secretary

BYLAWS Voting for family membership at al IVI-IPO meetings shall be limited to two members residing in the same household.

West Virginia Republican State Executive Committee Rules for Selection of West Virginia Delegates to the Republican National Convention

NOTTAWASEPPI HURON BAND OF THE POTAWATOMI INDIANS LABOR RELATIONS CODE

Ethics in Judicial Elections

2014 SASKATCHEWAN EMPLOYMENT 2014 CHAPTER 27. An Act to amend The Saskatchewan Employment Act and to repeal The Public Service Essential Services Act

BYLAWS PREAMBLE ARTICLE 1 NAME

Department of Labor Relations TABLE OF CONTENTS. Connecticut State Labor Relations Act. Article I. Description of Organization and Definitions

FREEDOM OF ASSOCIATION AND THE EFFECTIVE RECOGNITION OF THE RIGHT TO COLLECTIVE BARGAINING (FACB)

CERTIFICATION / REVOCATION VOTES UNDER THE CANADA LABOUR CODE

RETIREMENT BENEFITS SCHEMES. Election Procedures Manual 2016

CHAPTER 14: TRADE DISPUTE SETTLEMENT

NOT SIGN YOUR BALLOT.

Sec Sec Sec Sec Sec Sec Sec Sec

STRIKE AND LOCKOUT VOTES

AUTHORITY...1 APPLICABILITY...1 EMPLOYMENT AT WILL CLAUSE...1 POLICY STATEMENT...1 DEFINITIONS...1. I. Employee Political Activity...

HOW IS THE NLRB S NEW ELECTION PROCESS AFFECTING CAMPUS ORGANIZING?

Florida Rules for Certified and Court-Appointed Mediators. Part I. Mediator Qualifications

USAOA CONSTITUTION AND BYLAWS

CIVIL SERVICE EMPLOYEES COUNCIL COMMITTEE DUTIES APPEALS

Librarian Assembly Constitution and Bylaws

Jurisdiction of this Local shall be the jurisdiction assigned by the Union and appearing on the face of the Local Charter.

Department of Finance and Administration Office of Personnel Management

Effect of NMB Voting Change on Airline Unionization

FORREST LAKE TOWNHOUSE ASSOCIATION, INC. AMENDMENT TO THE BY-LAWS: NOMINATING & ELECTIONS

INDIANA STATE BAR ASSOCIATION ATTORNEY FEE DISPUTE RESOLUTION PROGRAM POLICIES

WASHINGTON STATE NURSES ASSOCIATION LOCAL UNIT RULES WASHINGTON SOLDIERS HOME ORTING, WASHINGTON ARTICLE I - NAME

26062 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations

Blocking Charges * * * * * * Robert S. Giolito and David A. Kadela. P&P Committee Puerto Rico 2018

STUDENT BAR ASSOCIATION CONSTITUTION PREAMBLE ARTICLE I. ARTICLE II.

Hatch Act: Candidacy for Office by Federal Employees in the Executive Branch

TRADE UNION. The Trade Union Act. Repealed by Chapter S-15.1 of the Statutes of Saskatchewan, 2013 (effective April 29, 2014)

Ballot question seminar

Following is the full text and ballot language of the two (2) proposed Charter amendments: FIRST PROPOSED CHARTER AMENDMENT

3. Predatory unionism occurs when the union's prime goal is to enhance itself at the expense of the workers it represents.

THE HEALTH PROFESIONALS AND ALLIED EMPLOYEES AFT/AFL-CIO

LOCAL 284 NETJETS FLIGHT ATTENDANT EXECUTIVE COUNCIL POLICIES AND PROCEDURES MANUAL

45 USC 153. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

SAVE $200 Register by August 15, Use Code: CX011EBB

TEAMSTERS CANADA RAIL CONFERENCE BYLAWS

BYLAWS OF Tucson Unit 356, AMERICAN CONTRACT BRIDGE LEAGUE (Includes Changes from Annual Meetings, 19 November 2000 & 12 October 2008)

Responding to NLRB Unfair Labor Practice Charges

Chicken or Egg: Applying the Age- Old Question to Class Waivers in Employee Arbitration Agreements

AN INTRODUCTION TO THE RAILWAY LABOR ACT

The TCU Rep s Checklist- PROOF & EVIDENCE IN GRIEVANCE HANDLING

WASHINGTON SUBURBAN SANITARY COMMISSION COMMISSION SUMMARY

FLORIDA RULES OF WORKERS' COMPENSATION PROCEDURE

THE INTERACTION BETWEEN THE RLA AND OTHER LAWS

ROUTINE ACCESS POLICY. For the Nova Scotia Workers Compensation Appeals Tribunal. October 2003 (Revised April 2005)

BYLAWS Washington State Bar Association

AMERICAN BAR ASSOCIATION SECTION OF LABOR & EMPLOYMENT LAW ANNUAL CLE CONFERENCE

Key Legislation in the Area of Employment and Labor Law: The Employee Free Choice Act

IC Chapter 3. Regional Transportation Authorities

UNITED STATES GOVERNMENT NATIONAL LABOR RELATIONS BOARD SETTLEMENT AGREEMENT

Music Teachers Association of California Bylaws

The Battle is Joined: The Employee Free Choice Act Re-Introduced in the 111th Congress

LEGALActs SUPPLEMENT. THE EMPLOYMENT RELATIONS ACT 2008 Act No. 32 of 2008 I assent

What s New in Proposed Elections Legislation

Procedures for ASME Codes and Standards Development Committees

Transcription:

An Overview of The National Mediation Board Presented by: Eileen Hennessey, Counsel Office of Legal Affairs The National Mediation Board. Stems from ihe Railway Labor Act of 1926 and the Board of Mediation. NMB Established by 1934 Amendments. Independent Federal Agency r Harry R. Hoglander Chairman Elizabeth Dougherty Member Read Van de Water Member!

NMB Mission: to minimize work stoppages by: r MEDIAnON (L ADR: - Resolving disputes arlsing out of the negotiation of or for collective bargaining agreementr; S REPRESENTATION: - Effectuating employee rights of self-organization where a reprerentatton dlspvte exists: and I ARBITRAnON 8 ADR: - Resolving disputes over the interpretation or application of existing agreements. Jurisdiction of the NMB U.S. Railroads U.S. Aidinas r Subbciba* Railway Labor Act Representation under the Railway Labor Act

RAILWAY LABOR ACT OF 1926 8 Jointly crafted by the rail Labor (L Management r Leglslatlon passed without amendment 8 Signed into law on May 20,1926 by President Calvin Coolidge e Oldest continuous Federal Bargaining legislation In the nation Historical Perspective of the RLA -Great Railroad Strike of 1877 -States and later Fed. Gov't enacted legislation authorizing voluntary arbitration of disputes - 1918-1920 Federal Control of Railroads Wwwl #CreaUon of U.S. Railroad Adminlatratlon Results of Federal Control of Railroads F General recognition of labor unions r Central handling of grievances r Uniform classification of work throughout the country r Nationwide standardization of wages and hours of work

Key NMB / NLRB Differences NMB does not r haw auhwlly m adludlcm w nmdv udalr lrbor praetisa (Slatuloy Righta) I havea~thmfy m -k.ntonsmntol Rep. Dcwons I: have. fml dscsnlncatlon pmudun NLRB does not: r mdlm tcn4aaauon disputes s provia ammuonmr Collective Blrphirn or 0tievrnc.e. A word about ULPs m NMB administers the RLA in part s The NMB does not have authority to adjudicate or mmedy unfair labor practices (Statutory Rights) e Airline and Railroad employees under the RLA cannot file charges with the NMB m Recourse re Statutory Rights is through the parties or the courts A word about "Decertification" r Unlike NLRA, no formal decertification procedure under the RLA r Any organization or individual may file an application supported by a majority showing of interest. r The group becomes unrepresented if -Less than a majority vote for representation or -The certified representative disclaims interest

Federal Labor-Relations Agencies - a basic functional perspective Office of Legal Affairs and Representation About the Office of Legal Affairs r Representation s Legal Advice to the Board s Agency Litigation r Compliance: Freedom of Information Act r Compliance: Gov. in the Sunshine Act r Government Ethics r Presidential Emergency Boards

Jurisdiction Initial determination of jurisdiction in one of two ways: r After a receipt of Application for Investigation of Rep dispute or B After a referral from the NLRB Scope of Bargaining Unit (i.e., Craft or Class) s r r System-wide Not by location or units Standard crafts or classes How Representation Occurs under the RLA r Voluntaly Recognition r NMB Certification

The NMB Representation Program. Conducting Representation Elections lnvestigating Claims of Interference. lnvestigating Representation Applications The Representation Process application dismlst86 I If an election is authorized r Auth Wire will be sent out and request address labels. F Next day "Challenge and Objection letter" will be sent out. Sets dates for samples and instluctions and Tally date. c Investigator rules on any challenges and objections r (Opportunity for appeal to Board prior to tally).

Eligibility issues - 6 Section 9 of Rep Manual r All individual working regularly in the craft or class on and after the cut-off date P Management Officials are not eligible; subordinate officials are. Section I51 of RLA. r Furloughees are eligible if they retain and employee/employer relationship with the Carrier r Dismissed employees are eliglble if the have an appeal of their dismissalpendlng Election process - r Telephone Electronic Voting (TEV). r Internet Voting added October 1,2007. r The votes are tallied electronically. The results of the tally are provided to the union@) and the carrier in writing. c All NMB voting is by secret ballot. m Certification or dismissal is usually issued next business day after the tally. r No DecertificaUon Petition s GeR based on majority of eliglble voters, not just who actually voted. Interference c '"totallty of the circumstances" Usually investigate allegations after the ballot count b Employee should report questionable conductto the organization conducting the campaign or to the carrier, as appropriate..

Suspect Carrier Conduct questionable surveillance of employees; r interrogates employees; r discharges or disciplines employees; e confers benefits on employees, r solicits or collects ballots; and B misrepresents NMB Procedures Union Interference The NMB has found election interference where the union has: s solicited or collected ballots. r misrepresented NMB Procedures lnterference Remedies r Shorten the Application Bar Period r Re-run election r: Using Lakeror Key ballot r Notice r Certification

A Word about Mergers m Carrier Mergers -Manual Sectlon 19 E Union Mergers -transfers of certification -Generally regarded as internal union matter -Board determinations USAir Passenger Service I AFA-CWA 2004 cases. Mediation, ADR & Arbitration Under the Railway Labor Act NMB Mediation. 12 Mediators (cover both industries). Over 670 Mediation Cases since N- 2001 Only 5 Work Stoppages since N-2000 7 Decades of Successful Negotiations Historically, over 97% Success Rate. 99.5% Success Rate since FY-2000

Traditional Mediation Process sen Help The ADR Component Impact of NMB Mediation Mandatory (i.e., no self help wlo NMB mediation) NMB determines when to release the parties from mediation. Public Interest Mediation

Traditional Arbitration Process a,---,.,,.,,,, 5 % %, \I I '..., -.., \ ', ' I $ ; The ADR Component. ',: ; %, ', ; '. -. b, Rerdmion NMB Contacts and Resources Eileen Hennmey: 202-692-5040, - NMB Websits. NMB Help Desk: hen- www.nmb.noy NMB Hot Line: 202-692-5050 Note: NUB website has FAQs in each Pmgram area of Mediation, ADR, Representation and Arbitration.