The RLA Or The Railway Labor Act

In 1947 it was revised to help better protect employees as well as employers. The revision stated that employees and managers must bargain “in good faith” with each other, and illegalized wild cat strikes, (refusing to work under a valid contract). These rights help employees as well as employers to be treated fairly. Forcing employees and employers to work together as a team can increase their understanding of where each side is coming from, as well as making it easier to compromise. The act also prevented businesses from becoming “closed shops,” (places where only union members were hired.) and prevented members from forcing others to join a union. Employees were also given the option to hold elections to certify and decertify unions. Employers were given the freedom to voice any concerns they had over unions so long as they did not interfere with the organization of unions. The revised act also gives the president the power to call off strikes in the event that it becomes a national emergency. A board may be hired to examine the situation of the strike so that the president may better understand why the situation has not been resolved. The president can then put an injunction on the strike; if a decision is not reached, the injunction can be extended.

Members of management of a company whose employees are attempting to organize cannot, by law, join a union. Once preliminary organizing begins and during the election campaign, employers have certain rights and responsibilities, as mandated by the NLRB. The employer may lawfully limit campaign activities that occur on company property, if it has a legitimate reason to do so. Employers may also limit places where solicitation may occur, limit time during which solicitation may take place, and limit access to the workplace by any outsider. Employers may limit distribution of union

Although the RLA has proven to be effective, it is not without its shortcomings. Its loopholes and limitation can and will be exploited as proven in the case of FedEx. Hence, it has to constantly be reviewed and amendments by the Federal Government and Congress have to be made to the act if it were to stay relevant with the ever changing times. Workers should be making the rights on whether or not they want to be in a union, not their managers or even government bureaucrats.

7 The right of employees to strike in support of their bargaining demands is protected by

The NLRB and the courts have interpreted this statutory provision to mean that employees ( both union and non-unions members ) have the right to act together and discuss the terms and conditions of employment with fellow employees, to

“Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for collective bargaining or other mutual aid and protection”.

Under the Railway Labor Act (RLA), once the National Mediation Board (NMB) declares an impasse,

The Labor reform act of 1977 was a projected United States Congress that never came into force. The Act would have modified the labor legislation to align it with modern developments and international standards. Which this alignment would be possible by removing any impediment from employers to unions formation in the workplace. The Act made crucial changes to the National Labor Relations Board. It expanded the size of the National Labor Relations Board to seven members as well

(Reese, 2004) In addition, they made a “closed-shop” illegal, and mandated that union had an obligation to bargain in good faith. The final two changes prohibited unions from encouraging boycotts and unions were not allowed to charge excessive dues or initiation fees and could not participate in the practice of “featherbedding,” or causing an employer to pay for work not performed (Reese, 2004).

Organizations such as the Occupational Safety and Health Administration (OSHA), the International Labor Organization, and the National Labor Relations Board (NLRB) could help workers gain an edge over their employers. This advantage can increase workers’ wages and decrease the high payouts given to executives, which reduce inequality. Collective bargaining by unions can also help gain and leverage this advantage. Collective bargaining is currently under threat by a Supreme Court challenge. Janus v. AFSCME is a case in the Supreme Court that may affect union dues across the country and potentially overturn a precedent established in 1977. If the Supreme Court sides with the plaintiffs, around 20% to 30% of both members and revenue from the unions will be lost as a result. This may cause some unions to collapse. If a collapse were to occur, workers would be without a voice to represent their concerns, leading to lower wages, poorer conditions, and higher inequality as a result. Moreover, arbitration clauses listed in workers’ contracts prevent workers from standing up to problems with their employer. Arbitration disproportionally benefits employers over workers, which prevents workers from remediating the injustices present in the workplace. In addition, many arbitration clauses prevent workers from joining up together, which can give them more power in legal complaints called “class-action”

Workers in certain occupations and industries find it advantageous to organize into unions and sell collectively their labor services instead of competing for jobs individually. Labor unions through their collective negotiation powers, they uphold workers' rights and effectively communicate worker grievances. In fact, labor unions have higher negotiating power in contrast to individual workers. There are several strategies that labor unions

A Union Shop is an employer who is able to hire new employees on the the condition that these new-hires will join organized unions within a specified time. The unions, which are an organized group of workers, have the ability to impact wages, workings hours, benefits, and other work-related issues. However, with membership comes the requirement of dues paid for by the employees as well as the collective movement of all members to partake in strikes, and/or protests. Unions have made great strides in the workforce, specificially in response to the social and economic impact of the industrial revolution.

Section 7 of the National Labor Relations Act states that employees have the right to form, join, or assist in labor organizations, in an attempt to reach an agreement. Employees have the right to bargain together through representatives of their choice and engage in coordinated activities for the purpose of bargaining. They also have the right to abstain from any or all activities except those that may be affected by an agreement that requires membership in a labor organization as a condition of employment (“National Labor Relations Act,”

The Court held an employer could not be compelled by the Act to do so if other channels of communication are available that allows the union to reach the employees, provided that the employer does not discriminate against the union by allowing other distributions. The Supreme Court stated that so long as the circumstances of the employment do not "place the employees beyond the reach of reasonable union efforts to communicate with them," respect for the employer 's property rights allow it to prohibit nonemployee access to its property. In doing so, the Court specifically differentiated the access rights of employees from those of nonemployees. The distinction [between employees and nonemployees] is one of substance. No restriction may be placed on the employees ' right to discuss self-organization among themselves unless the employer can demonstrate that a restriction is necessary to maintain production or discipline. Republic Aviation Corp. v. Labor Board, 324 U.S. 793, 803. But no such obligation is owed nonemployee organizers.” Ted Scott and Sara B. Kalis, Littler Mendelson, P.C.1.

The National Labor Relations Act (NLRA) started in July 1935 to protect the rights of employees, rather, they be union or nor-union employees (Pozgar, 2012). The employees are protected under the Act or may employ in bubble-like, rigorous goings-on in situations other than the customary union organizations and cooperative bargaining. The National Labor Relations Board regulates the employers from interfering with the rights of the employees to implement or organize and join with a groups that offers assists with collective bargaining purposes like organization union or joining one (Pozgar, 2012). The employer may not restrain, coerce or stop employees