History The operating labor organizations Insurance Benefit Societies Hazardous working conditions
History Cont’d • The National Protective Association of Locomotive Engineers, founded in 1855. • Brotherhood of Locomotive Engineers 1863 • The Brotherhood of Conductors was organized in 1869 • Order of Railway Conductors and Brakemen
History Cont’d • In 1873 the Brotherhood of Locomotive Firemen was established • 1906 it became the Brotherhood of Locomotive Firemen and Engineers • Unsuccessful and violent strikes; the Pullman Strike of 1894
History Cont’d • in 1926 the United States government enacted the Railway Labor Act to monitor the labor-management relations of both the railways and the airlines. • the railroad industry was operated by the federal government in order to end strikes or to prevent threatened strikes.
General Purposes • To avoid any interruption to the operation of any carrier. • to forbid any limitation upon freedom of association among employees. • to provide for the complete independence of carriers and of employees in the matter of self-organization • to provide orderly settlement of all disputes.
Definitions • Carrier includes any railroad subject to the jurisdiction of the Surface Transportation Board, and any company which is directly or indirectly owned or controlled by railroad and which operates any equipment or facilities or performs any service in connection with the transportation, receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, and handling of property transported by railroad.
Definitions Cont’d • Carrier includes Agents and officers • Representatives are employee representatives.
Duty of carriers and employees to settle disputes • to provide for orderly settlement of all disputes growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions
Consideration of disputes by representatives • All disputes shall be considered in conference between representatives designated and authorized so to confer by the carrier or carriers and by the employees.
Designation of representatives • Representatives shall be designated by the respective parties without interference, influence, or coercion by either party. • Neither party shall interfere with, influence, or coerce the other in its choice of representatives. • Representatives of employees need not be persons in the employ of the carrier.
Organization and collective bargaining • The majority of any craft or class of employees shall have the right to determine who shall be the representative of the craft. • It is unlawful for any carrier to interfere with the organization of its employees, or to use the funds of the carrier in assisting any labor organization.
Agreements to join or not to join labor organizations • No carrier, shall require any person seeking employment to sign any contract or agreement promising to join or not to join a labor organization.
Conference of representatives • In case of a dispute, it shall be the duty of their designated representative(s) within 10 days after the receipt of notice to confer, to specify a time and place. • 1- Place shall be situated upon the line of the carrier involved or mutually agreed upon. • 2- Time shall not exceed 20 days from the receipt of such notice.
Change in pay, rules, or working conditions • No carrier shall change the rates of pay, rules, or working conditions of its employees as embodied in agreements except in the manner prescribed in such agreements section 156.
Notices of manner of settlement of disputes; posting • Every carrier shall notify its employees by printed notices in such form and posted at such times and places as shall be specified by the Mediation Board
Disputes as to identity of representatives • If any dispute shall arise among a carrier's employees, it shall be the duty of the Mediation Board to investigate such dispute and to certify to both parties, in writing, within 30 days after the receipt of the invocation of its services.
Disputes as to identity of representativesCont’d • In the conduct of any election the Board shall designate who may participate in the election and establish the rules to govern the election. • Or may appoint a committee of three neutral persons who after hearing shall within 10 days designate the employees who may participate in the election.
Violations, prosecution and penalties • The willful failure or refusal of any carrier to comply with the terms of this chapter shall be a misdemeanor, and the carrier shall be subject to a fine of not less than $1,000, nor more than $20,000, or imprisonment for not more than 6 months. • It shall be the duty of any US attorney to prosecute all necessary proceedings for the enforcement of the provisions, and for the punishment of all violations.
Union security agreements • Any carrier and a labor organization designated and authorized to represent employees in accordance with the requirements of this chapter shall be permitted to:
Union security agreementsCont’d (a) Make agreements that within 60 days following the beginning of such employment, or the effective date of such agreements, whichever is the later, all employees shall become members of the labor organization representing their craft.
Union security agreements Cont’d (b) Make agreements providing for the deduction by such carrier from the wages of its employees payment to the labor organization representing the craft of such employees, of any periodic dues, initiation fees, and assessments uniformly required as a condition of acquiring or retaining membership.
Railway Act of 1926 Thank you