Air Transport Labor Relations

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1 Air Transport Labor Relations Robert W. Kaps Southern Illinois University Press Carbondale and Edwardsville

2 List of Figures ix List of Tables x Preface xi Acknowledgments xiii Abbreviations xiv Parti 1. Labor Law and Public Policy 3 Introduction 3 Transportation Policy 3 Labor Regulation 5 The Aviation Industry 5 Aviation Manufacturing 5 The Air Transport Sector 6 General Aviation 8 Government Aviation 9 Federal Civil Service Labor Law 9 2. Political Appointment 10 The Merit System 10 Public Labor Unions 11 Public Sector Collective Bargaining 11 Early Collective Bargaining Legislation 13 Introduction 13 Early Judicial Actions 13 National Railroad System Development 14 Legislative Beginnings 16 The Arbitration Act of The Sherman Antitrust Act 17 TheErdmanActofl The Newlands Act of The Adamson Act of Nonrailroad Labor Activities 20 The Clayton Act of Railroad Labor Gains 21 The Transportation Act of Summary Major Collective Bargaining Legislation 23 Introduction 23 The Railway Labor Act 23 Origins 23 Early Judicial Challenges 25 Depression Era Unionism 25 Provisions of the RLA 25 The National Mediation Board 27 The RLA Amendment of The RLA Amendment of The RLA Amendments of 1940 and The Norris-La Guardia Act of The National Labor Relations Act 31 The National Industrial Recovery Act 31 Origins of the NLRA: The Wagner Act 32 NLRA Amendment: The Taft- Hartley Act 33

3 NLRA Amendment: The Landrum-Griffin Act 36 The Airline Deregulation Act of Other Laws Affecting Labor Relations 38 Summary 40 Additional Study Material 42 Detailed Examination of the Events Leading to Rule #83 Decision 42 Two Labor Laws Are One Too Many 55 Call to Revisit Railway Labor Act Receives Mixed Reactions from Parties 56 Part 2 4. Elections, Certifications, and Procedures 65 Introduction 65 Interstate Commerce 65 The Process under the Railway Labor Act 65 Employees Subject to the RLA 65 Employers Subject to the RLA 67 Organizing Employees under the RLA 67 Procedures of the National Mediation Board 67 Class and Craft Determination 72 Representation Election 74 Election Rule Exceptions 75 Mergers and Acquisitions 78 The Process under the National Labor Relations Act 80 Employees Subject to the NLRA 80 Supervisory Personnel Subject to the NLRA 80 Managerial Personnel Subject to the NLRA 80 Employers Subject to the NLRA 81 Procedures of the National Labor Relations Board Si Determining Bargaining Units 83 Craft, Departmental, or Industrial Units 85 Certification Election 85 Summary 87 Additional Study Material 88 Examination of the Events Surrounding the Strike by Trans World Airline Flight Attendants Contractual Negotiations 97 Introduction 97 Negotiation Procedures under the Railway Labor Act 98 Contractual Status 98 The Negotiation Time Fame 98 Mediation 100 Emergency Boards 102 Strikes 103 Negotiation Procedures under the National Labor Relations Act 104 Bargaining Topics 104 The Contract Negotiation Process 105 Self-Help 105 Mediation 107 Arbitration 108 Actions During a Strike or Lockout 108 Summary Grievance Procedures ill Introduction 111 Statutory Alternatives 111 Grievance Definition 111 Contract Administration 112 Grievance Procedures 113 Grievance Arbitration 113 Grievance Arbitration under the Railway Labor Act 114 VI

4 The System Board of Adjustment 115 Overruling Arbitration Decisions 115 Arbitration Costs 116 Grievance Arbitration under the National Labor Relations Act 117 Overruling Arbitration Decisions 117 Selecting an Arbitrator 118 Arbitration Costs 118 Summary 118 Additional Study Material 119 Grievance Procedure Contained in the Contract Between the International Association of Machinists and TransWorld Airlines 119 Grievance Procedure Between the Communications Workers of America and Southwestern Bell Telephone Company Unfair Labor Practices 130 Introduction 130 The Role of the Railway Labor Act 130 Unfair Labor Practices under the RLA 130 Rulings of the National Mediation Board 131 Court Decisions 133 Featherbedding 135 The Provisions of the National Labor Relations Act 136 Rulings of the National Labor Relations Board 136 Unfair Labor Practices under the NLRA 136 Activities Prohibited under the NLRA 137 Summary 139 Additional Study Material 140 National Mediation Board Rulings in Laker, Key, and America West Certification Elections 140 Sample Management Guide to Permissible Campaigning under the Railway Labor Act 185 Sample Materials Provided to Frontline Managers During an Antiunion Campaign under an NLRA Environment 189 Part3 8. The Labor Relations Environment 197 Introduction 197 The Civil Aeronautics Board 197 Certificates of Public Convenience 197 Mergers 198 Fare Provisions 198 The Mutual Aid Pact 198 The Transition to Deregulation 199 Deregulation 199 The Labor Relations Environment: 1978 to the Present 205 Cost Reduction 207 New Entrants 207 Mergers 208 Summary Annual Activity 211 Introduction VII

5 The PATCO Strike 216 The Braniff Bankruptcy The Two-Tier Wage Plan 220 The Continental Bankruptcy Additional Study Material 234 Recent Rulings by the National Mediation Board and the Courts on Questions Arising under the Railway Labor Act The View of the Unions 239 Introduction 239 Unions since Deregulation 239 Results of a Survey of Airline Unions 241 Summary 245 Appendix. The Railway Labor Act 251 Notes 273 Glossary 285 Name Index 291 Subject Index 293 VIII

Chapter 14. Labor Law. Statutory Basis. Coming Together on Issues 1/12/2009. Employment Law for Business, 6 th ed.

Chapter 14. Labor Law. Statutory Basis. Coming Together on Issues 1/12/2009. Employment Law for Business, 6 th ed. Employment Law for Business, 6 th ed. Bennett-Alexander Chapter 14 Labor Law Copyright 2007 by The McGraw-Hill Companies, Inc. All rights reserved. Statutory Basis Employees shall have the right to selforganization,