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

By William E. Thoms ; Frank J. Dooley | Go to book overview
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In complaint proceedings, either an employer or a union may be cited for committing an unfair labor practice, as described in the very detailed Section 8 of the NLRA. Employer unfair labor practices involve interference with an employee's right to engage in union activities or employer dominance of a union. Union unfair labor practices involve such activities as illegal picketing, secondary boycotts, "hot cargo" clauses, and "featherbedding." None of these activities is considered to be enjoinable under the Railway Labor Act.

"Wildcat" or unauthorized strikes are banned by the NLRA. However, a duly authorized strike for economic reasons or to protest employer unfair labor practices may not be enjoined. The Norris-La- Guardia Act, forbidding federal labor injunctions, applies to enjoin strikes unless specifically exempted by the NLRA. In emergency disputes, injunctions may be obtained only when the President determines that the national health and safety are imperilled. The attorney general is then authorized to seek (but not necessarily obtain) an injunction. The virtually automatic cooling-off period found in the Railway Labor Act is unknown in the National Labor Relations Act.


NOTES
1.
29 U.S.C. § 201 ( 1988).
2.
29 U.S.C. § 185 ( 1988).
3.
18 U.S.C. § 241 ( 1988).
4.
29 U.S.C. §§ 621-634 ( 1986).
5.
11 U.S.C. §§ 1101, 1113 ( 1984).
6.
1978 Pub. L. 95-504 ( Oct. 24, 1970), amending 49 U.S.C. §§ 1301- 1551 ( 1980).
7.
29 U.S.C. § 152 el seq. ( 1985).
8.
Footnotes and citations are omitted.
9.
29 U.S.C. §§ 621-634 ( 1986).
10.
29 U.S.C. § 623(F)(1) ( 1986).
11.
Transworld Airlines, Inc. v. Thruston, 105 S.Ct. 613, 622 ( 1985).
12.
14 C.F.R. § 121.383(c) ( 1989).
13.
Western Air Lines v. Griswell, 105 S.Ct. 2743, 2746 ( 1985).
14.
718 F.2d 281 ( 8th Cir. 1983).
15.
Gathercole v. Global Associates, 727 F.2d 1485 ( 9th Cir. 1984).
16.
Williams v. Hughes Helicopters, Inc., 806 F.2d 1387 ( 9th Cir. 1986).
17.
E.E.O.C. v. Boeing Co., 843 F.2d 1213 ( 9th Cir. 1988).

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