| Complaint/Problem Regarding A Union |
Are you an employee of an airline or railroad or other company owned, controlled or operated by an airline or railroad?
If yes, Click here.
If no, Click here.
If you do not know, ask your employer and come back to this Help Desk later.
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| Complaint/Problem: Union In The Airline Or Railroad Industry |
The NMB has no authority to investigate or remedy complaints regarding unions. The role of the National Mediation Board in the airline and railroad industries, is to conduct representation elections and to mediate agreement between the carrier and union in collective bargaining negotiations.
Complaints or problems regarding unions usually fall into one of three broad categories: the "Duty of Fair Representation", "Internal-union Matters", and "Statutory Disputes/Unfair Labor Practices".
Duty of Fair Representation
The Supreme Court has ruled that the "right of exclusive representation" given to a union certified under the Railway Labor Act carries with it an obligation to exercise that right in good faith: in short, to represent its members in a fair and impartial manner without invidious discrimination.
The NMB has no authority to investigate or remedy employee grievances against a union. If you believe that your union has not properly applied your collective-bargaining agreement (labor-management contract), is in violation of the grievance procedure, or has not otherwise properly represented your interests, you should refer to the union's constitution and bylaws for appropriate internal union procedures to follow, or you may want to consult a private attorney to explore your options.
Internal Union Matters
The NMB has no authority to investigate or remedy employee grievances against a union or other internal-union matters such as inter-union agreements, inter-union seniority matters, union mergers, ratification of union-management agreements, to strike or not, election of union officials, the conduct of union officials, the application of union dues (or agency fees), and the application of a union’s constitution and bylaws.
Some internal-union matters are covered by the Labor Management Reporting and Disclosures Act (LMRDA); check out the website of the Office of Labor Management Standards.
Other internal union matters such as inter-union agreements, inter-union seniority matters and union mergers are resolved by private arbitration as agreed upon by the parties or through the legal system.
Statutory Disputes/Unfair Labor Practices
Regarding violations of employee rights to organize and negotiate with management, or not, regarding wages, hours, benefits, and working conditions, click here.
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| Complaint/Problem: Union Not In The Airline Or Railroad Industry |
The NMB and the RLA covers only the U.S. operations of airlines and railroads. Labor Relations for other private U.S. companies, and the public sector (federal, state and local government) are not covered by the NMB or the RLA.
For who covers the other industries and Government, click here.
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