Airline Labor Law: The Railway Labor Act and Aviation after Deregulation

By William E. Thoms ; Frank J. Dooley | Go to book overview

applies to working conditions of future hires, not the current employees that the union is bound to represent. The two-tier wage scale seems to be a competitive response to economic pressures released by deregulation.

The Railway Labor Act contains no restrictions against "feather- bedding," as are found in § 8(b)(6) of the National Labor Relations Act. Crew size and even aircraft size are bargainable subjects under the RLA. Flight engineers on jet aircraft are the equivalent of diesel firemen. Current labor agreements provide for flight engineers on most overseas flights and on larger jets. The engineer, however, must be a qualified pilot. Newer jets (e.g., Boeing 757, Airbus 320), are designed to be flown with only two persons in the cockpit.

The air labor unions will continue to face pressure to maintain their current position or better it. Carriers will continue to seek reductions in labor costs through the purchase of new aircraft and through smaller crew sizes. In the meantime, great strains will be placed on the union's exercise of its duty of fair representation.


NOTES
1.
United Airlines, Inc. v. N.M.B., 380 U.S.650,658 ( 1965).
2.
45 U.S.C. § 152 Ninth ( 1982).
3.
Footnotes and citations are omitted.
4.
Gorman, Labor Law, 26-39.
5.
45 U.S.C. § 151 Fifth ( 1982).
6.
802 E2d 886,913 (7th Cir. 1982).
7.
footnotes and citations are omitted.
8.
29 U.S.C. § 159 ( 1985).
9.
45 U.S.C. § 152 Second ( 1982).
10.
45 U.S.C § 152 Ninth ( 1982).
11.
Gorman, Labor Law, 66.
12.
45 U.S.C. § 152 Fourth ( 1982).
13.
45 U.S.C. § 152 Third ( 1982).
14.
45 U.S.C. § 152 Ninth ( 1982).
15.
45 U.S.C. § 152 Eleventh ( 1982).
16.
Footnotes and citations are omitted.
17.
See U.S. General Accounting Office, Airline Competition.
18.
SeeChapter 6, "Labor Protection Provisions," for a detailed discussion of labor protection as applied to airline mergers.

-54-

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Airline Labor Law: The Railway Labor Act and Aviation after Deregulation
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Acknowledgments ix
  • 1 - Why Airline Labor Law is Different 1
  • Notes 14
  • 2 - Establishing the Bargaining Unit 17
  • Notes 54
  • 3 - Collective Bargaining Under the Railway Labor Act 57
  • Notes 75
  • 4 - Settlement of Disputes 77
  • 5 - Airline Labor and Other Statutes 127
  • Notes 147
  • 6 - Labor Protection Provisions 149
  • Summary 170
  • Notes 171
  • 7 - Future Trends in Aviation Labor Law 177
  • Notes 193
  • Selected Bibliography 195
  • Index 197
  • About the Authors 201
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