Background
The Railway Labor Act was created to enable peaceful resolution of labor disputes between Railroad Companies and their Unions. For disputes deemed minor a panel of five would meet; two from the railroad industry, two from the unions and one neutral party under the National Labor Relations Board (NLRB). In order to reach arbitration the two parties had to exhaust their grievance procedures under their own Collective Bargaining Agreements (CBA). If this fails then either party may refer the issue to the NLRB with full statements of facts that these negotiations took place.
Union Pacific Railroad Company issued disciplinary violations against five of its employees represented by the Brotherhood of Locomotive Engineers and Trainmen (BLET), a division of the Teamsters. The union then initiated grievance proceedings under their CBA. Dissatisfied with the outcome, the Union appealed to the NLRB Board. In opening proceedings one of the industry representatives objected that there was no evidence in the filing that the two parties had conferenced under their CBA.
The NLRB dismissed their petition for lack of required evidence. It also denied the BLET the right to add proof of conferencing to the complaint because as an appellate body it is not permitted to receive new evidence.
The District Court for the Northern District of Illinois affirmed the decision of the NLRB where it was appealed to the Court of Appeals for the Seventh Circuit. The Appellate Court decided that the singular question at issue was whether written documentation of CBA arbitration was a required perquisite to NLRB arbitration. The court determined there was no such requirement in any rules or regulations of the NLRB and had acted outside the will and intent of the Congress. However the Seventh Circuit did not invoke only statutory grounds for rejection of the NLRB but ruled that the NLRB proceedings had violated the Union's due process.
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution. Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a neutral third party for resolution. In practice arbitration is generally used as a substitute for litigation, particularly when the judicial process is perceived as too slow, expensive or biased. In some contexts, an arbitrator may be described as an umpire.
The Railway Labor Act is a United States federal law that governs labor relations in the railroad and airline industries. The Act, enacted in 1926 and amended in 1934 and 1936, seeks to substitute bargaining, arbitration, and mediation for strikes to resolve labor disputes. Its provisions were originally enforced under the Board of Mediation, but they were later enforced under a National Mediation Board.
The duty of fair representation is incumbent upon Canadian and U.S. labor unions that are the exclusive bargaining representative of workers in a particular group. It is the obligation to represent all employees fairly, in good faith, and without discrimination.
An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 29 U.S.C. § 151–169 and other legislation. Such acts are investigated by the National Labor Relations Board (NLRB).
The Brotherhood of Locomotive Engineers and Trainmen (BLET) is a labor union founded in Marshall, Michigan, on 8 May 1863 as the Brotherhood of the Footboard. It was the first permanent trade organization for railroad workers in the US. A year later it was renamed the Brotherhood of Locomotive Engineers. The B of LE took its present name in 2004 when it became a division of the Rail Conference of the International Brotherhood of Teamsters (IBT).
The Texas Mexican Railway was a short line railroad in the U.S. state of Texas operating between Corpus Christi and the Texas Mexican Railway International Bridge in Laredo, Texas. It is often referred to as the Tex-Mex, or TexMex Railway.
Chauffeurs, Teamsters, and Helpers Local No. 391 v. Terry, 494 U.S. 558 (1990), was a case in which the United States Supreme Court held that an action by an employee for a breach of a labor union's duty of fair representation entitled him to a jury trial under the Seventh Amendment.
A side letter, or side agreement, is a collective bargaining agreement that is not part of the underlying or primary collective bargaining agreement (CBA) but is used by the parties to the contract to reach agreement on issues that the CBA does not cover, to clarify issues in the CBA or to modify the CBA. One may distinguish side letters from "side settlements", or "settlement agreements", which settle a dispute arising from the underlying CBA. In rare cases, bargaining parties may use a side letter to adjust the focus of the contract if the parties are not yet ready or willing to adapt the contract formally.
Communications Workers of America v. Beck, 487 U.S. 735 (1988), is a decision by the United States Supreme Court which held that, in a union security agreement, unions are authorized by statute to collect from non-members only those fees and dues necessary to perform its duties as a collective bargaining representative. The rights identified by the Court in Communications Workers of America v. Beck have since come to be known as "Beck rights," and defining what Beck rights are and how a union must fulfill its duties regarding them is an active area of modern United States labor law.
Wilma B. Liebman is an American lawyer and civil servant who is best known for serving as a member of the National Labor Relations Board (NLRB). She was designated chair of the board by President Barack Obama on January 20, 2009, becoming only the second woman to lead the NLRB.
The railroad brotherhoods are labor unions of railroad workers in the United States. They first appeared in 1863 and they are still active. Until recent years they were largely independent of each other and of the American Federation of Labor.
NLRB v. Columbian Enameling & Stamping Co., 306 U.S. 292 (1939), is a US labor law case where the US Supreme Court held 5-to-2 that the National Labor Relations Act required decisions of the National Labor Relations Board (Board) to be based on substantial evidence. The Supreme Court overturned a ruling of the Board for not being based on substantial evidence. The Court also held that only the representative of the workers could issue collective bargaining proposals under the law, and that proposals transmitted by a third party did not trigger the Act's protections or duties.
Green Tree Financial Corp-Ala. v. Randolph, 531 U.S. 79 (2000), is a decision by the United States Supreme Court. The case dealt with the enforceability of arbitration agreements that did not discuss the cost of the arbitration itself and with the finality of certain arbitration decisions.
Circuit City Stores, Inc. v. Adams, 532 U.S. 105 (2001), was a United States Supreme Court case that concerned whether the "section one exemption" of the Federal Arbitration Act applied to an employment contract of an employee at Circuit City Stores. The Court held that the exemption was limited to the specific listing of professions contained in the text. This decision meant that general employment contracts, like the one Adams sued under, would have to be arbitrated in accordance with the federal statute.
14 Penn Plaza LLC v. Pyett, 556 U.S. 247 (2009), is a United States labor law case decided by the United States Supreme Court on the rights of unionized workers to sue their employer for age discrimination. In this 2009 decision, the Court decided that whenever a union contract "clearly and unmistakably" requires that all age discrimination claims under the Age Discrimination in Employment Act of 1967 be decided through arbitration, then employees subject to that contract cannot have those claims heard in court.
Railway Labor Executives' Association (RLEA) was a federation of rail transport labor unions in the United States and Canada. It was founded in 1926 with the purpose of acting as a legislative lobbying and policy advisory body. At times, it played a prominent role in setting rail transport policy in the U.S., and was party to six U.S. Supreme Court cases. It disbanded in January 1997, with representation, collective bargaining, and legislative lobbying assumed by the newly formed Rail Division of the AFL–CIO Transportation Trades Department.
Alexander v. Gardner-Denver Co., 415 U.S. 36 (1974), is a US labor law case, concerning arbitration with collective agreements for labor rights.
Railroad Workers United (RWU) formerly known as Railroad Operating Crafts United is a cross-union rail workers’ reform group that was started as a result of a push by workers from the United Transportation Union and the Brotherhood of Locomotive Engineers and Trainmen to merge unions. They are now a cross-craft organization that supports all non-management railroad workers. RWU has a steering committee where members can be elected at their bi-annual convention.
Epic Systems Corp. v. Lewis, 584 U.S. ___ (2018), was a case decided by the Supreme Court of the United States on how two federal laws, the National Labor Relations Act (NLRA) and the Federal Arbitration Act (FAA), relate to whether employment contracts can legally bar employees from collective arbitration. The Supreme Court had consolidated three cases, Epic Systems Corp. v Lewis, Ernst & Young LLP v. Morris (16-300), and National Labor Relations Board v. Murphy Oil USA, Inc. (16-307). In a 5–4 decision issued in May 2018, the Court ruled that arbitration agreements requiring individual arbitration and prohibiting class action lawsuits are enforceable under the FAA, regardless of allowances set out within the NLRA.
