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Airline Industry
The Railway Labor Act of 1926 ("RLA"), 45 U.S.C. §§ 151, et
seq., was the first comprehensive federal legislation specifically recognizing
the right of employees to form unions and engage in collective bargaining.
It originally covered only railroad employees but was amended in 1936 to
cover airlines as well. The major operating components of the RLA addresses
the three principal threats to labor peace:
- Representation disputes;
- Collective bargaining disputes; and
- Grievance disputes.
The attorneys and Lubin & Enoch, P.C. have extensive experience representing
Airline Industry Unions in each of these three areas.
Representation disputes:
Lubin & Enoch, P.C. has represented airline industry employees in their
effort to form a labor organization at their particular "carrier". We also
have counseled labor organizations through the extremely complex process of
airline mergers and acquisitions and the attendant confusion that results from
having two labor organizations vying to be the successor labor organization
for the combined craft. Lubin & Enoch, P.C. has also been involved in complex
litigation, commonly called "major disputes" under the RLA, involving the efforts
of several vehemently anti union carriers to illegally destroy their labor
organizations through efforts such as relocating and subcontracting their maintenance
work and terminating high-level union officers
Collective bargaining disputes:
The collective bargaining process established by the RLA is the centerpiece
of a statutory scheme designed to preserve labor relations harmony. Its two
facets are what has been characterized by the Supreme Court as an "almost interminable" collective
bargaining process, and a corollary requirement that the parties refrain from
self-help during the course of collective bargaining. While our attorneys generally
do not believe it is necessary (or in most cases wise) for the union’s
attorneys to be physically present at the negotiation table, we have extensive
experience in drafting and reviewing proposed contact language. What is more
important, Lubin & Enoch, P.C. is keenly aware of the fact that a contract
negotiation involving a labor organization with no bargaining leverage is not
really a negotiation at all. Thus, we routinely provide strategic counseling
to labor organizations about the various non-traditional methods by which labor
organizations can create much needed bargaining leverage vis-a-vis their
employers.
Grievance disputes:
Under the RLA, disputes growing out of grievances or out of the interpretation
or application of agreements covering rates of pay, rules and working conditions
are called "minor disputes" and they cannot provide a lawful basis for strikes
or work disruptions. In the airline industry, such grievances are typically
resolved by a system board of adjustment or neutral labor arbitrator. The attorneys
of Lubin & Enoch, P.C. have conducted hundreds of labor arbitrations involving
issues of contract interpretation and/or employee discipline and we are regarded
as some of the preeminent attorneys in the United States involving such matters.
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