Collective Bargaining Agreements (CBA's) under the RLA
Contracts remain in force until changed. Either party seeking to amend existing CBA’s must provide 30-day written notice as to desired changes. (Section 6 RLA). There is no time limit by which contracts must be negotiated to avoid a work stoppage. Under Section 6 of the act either side may propose changes to an existing collective bargaining agreement, but agreements (for purposes of stability and labor peace) generally contain agreed upon moratorium clauses that provide no change may be demanded on specified subjects for a prescribed period of time.
Once Section 6 notices proposing changes to an existing agreement have been served, the parties must maintain the status quo (no strikes or lockouts or promulgation of changes) until all procedures of the RLA have been fully exhausted.
For major disputes over wages, benefits and working conditions, the RLA provides for a three-member National Mediation Board, appointed by the president and confirmed by the Senate, with the power to mediate any dispute between carriers and their employees at the request of either party or upon the board's own motion.
There is no time limit on the mediation procedure. The NMB controls the schedule of talks and only the NMB may release the parties from mediation.
If the NMB is unable to bring about an amicable settlement of the controversy through mediation, the board is required to use its influence to induce the parties voluntarily to submit to binding arbitration. The law is specific in that arbitration is voluntary and not compulsory.
If both sides voluntarily agree to binding arbitration, an Arbitration Board of up to six members is to be established. Carriers and labor each select an equal number of arbitrators, who then select the additional member or members.
