News & Analysis as of

Railway Labor Act The National Labor Relations Act

Fisher Phillips

The Railway Labor Act: A Practical Guide For Employers In Air And Rail Transportation

Fisher Phillips on

While most employers in the U.S. must comply with the National Labor Relations Act (NLRA), employers in the railroad and airline industries need to understand the Railway Labor Act (RLA) and how its unique requirements impact...more

Davis Wright Tremaine LLP

A Ceasefire in the Jurisdictional (Star) Wars: SpaceX and the NLRB Seek Guidance from National Mediation Board

Cosmic shifts are happening in the jurisdictional landscape between the National Labor Relations Act (NLRA) and Railway Labor Act (RLA). These shifts have implications for private employers, as they have different rights and...more

Morgan Lewis

National Mediation Board Revokes Jurisdiction over Airline Service Providers; NLRB Likely to Fill the Vacuum

Morgan Lewis on

In Swissport Cargo Services LP, the National Mediation Board drastically altered the labor landscape for airline service providers, abandoning 40 years of precedent, by determining that the Railway Labor Act does not apply to...more

Seyfarth Shaw LLP

Derivative Carriers Don’t Exist in the Air Industry, Says the NMB in Swissport

Seyfarth Shaw LLP on

In a recent advisory opinion following the National Labor Relations Board’s (NLRB) referral, the National Mediation Board (NMB) ruled on whether the Railway Labor Act (RLA) applies to Swissport Cargo Services, LP, a...more

Holland & Knight LLP

Rail Strike Could Cause Supply Chain, Commuter Issues

Holland & Knight LLP on

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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Benesch

“Right-to-Work” Momentum Building in 2017

Benesch on

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

FordHarrison

Airline Industry Alert: NLRB Rules Aircraft Cleaners Are Not Subject to the Railway Labor Act

FordHarrison on

On July 26, 2016, the National Labor Relations Board (NLRB) ruled that Menzies Aviation (USA), Inc. (Menzies) fell under its jurisdiction. In resolving a recurring dispute as to whether ground operations provided to air...more

Foley & Lardner LLP

Joint Employer Standard Causing Jurisdictional Headaches

Foley & Lardner LLP on

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

Seyfarth Shaw LLP

RLA “Minor Dispute” Preemption Alive and Well As a Potential Defense in State Court

Seyfarth Shaw LLP on

An Illinois state appellate court recently confirmed that Railway Labor Act “minor dispute” preemption is alive and well as a potential defense to state-law retaliatory discharge claims. The case, Hughes v. United Airlines,...more

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