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Union Labor Law – Airline Industry

The Railway Labor Act of 1926 (“RLA”), 45 U.S.C. §§ 151, et seq., was the first comprehensive federal legislation specifically recognizing the right of employees to form unions and engage in collective bargaining. It originally covered only railroad employees but was amended in 1936 to cover airlines as well. The major operating components of the RLA addresses the three principal threats to labor peace:

  • Representation disputes;
  • Collective bargaining disputes; and
  • Grievance disputes.

The attorneys and Lubin, Enoch & Bustamante PC have extensive experience representing Airline Industry Unions in each of these three areas.

Representation Disputes

Lubin, Enoch & Bustamante PC has represented airline industry employees in their effort to form a labor organization at their particular “carrier”. We also have counseled labor organizations through the extremely complex process of airline mergers and acquisitions and the attendant confusion that results from having two labor organizations vying to be the successor labor organization for the combined craft. Lubin, Enoch & Bustamante PC has also been involved in complex litigation, commonly called “major disputes” under the RLA, involving the efforts of several vehemently anti union carriers to illegally destroy their labor organizations through efforts such as relocating and subcontracting their maintenance work and terminating high-level union officers.

Collective Bargaining Disputes

The collective bargaining process established by the RLA is the centerpiece of a statutory scheme designed to preserve labor relations harmony. Its two facets are what has been characterized by the Supreme Court as an “almost interminable” collective bargaining process, and a corollary requirement that the parties refrain from self-help during the course of collective bargaining.
While our attorneys generally do not believe it is necessary (or in most cases wise) for the union’s attorneys to be physically present at the negotiation table, we have extensive experience in drafting and reviewing proposed contact language. What is more important, Lubin, Enoch & Bustamante PC is keenly aware of the fact that a contract negotiation involving a labor organization with no bargaining leverage is not really a negotiation at all. Thus, we routinely provide strategic counseling to labor organizations about the various non-traditional methods by which labor organizations can create much needed bargaining leverage vis-a-vis their employers.

Grievance Disputes

Under the RLA, disputes growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules and working conditions are called “minor disputes” and they cannot provide a lawful basis for strikes or work disruptions. In the airline industry, such grievances are typically resolved by a system board of adjustment or neutral labor arbitrator. The attorneys of Lubin, Enoch & Bustamante PC have conducted hundreds of labor arbitrations involving issues of contract interpretation and/or employee discipline and we are regarded as some of the preeminent attorneys in the United States involving such matters.

Our Locations

Our Convenient Office Locations Nationwide

Visit us at any of our locations to experience our personalized approach to legal representation, where our team is ready to provide tailored solutions to meet your needs

ARIZONA OFFICE

Lubin, Enoch & Bustamante PC, Arizona Office

349 N 4th Ave
Phoenix, AZ 85003-1505

602-234-0008

602-626-3586

COLORADO OFFICE

Lubin, Enoch & Bustamante PC, Colorado Office

999 18th St, Denver Place, Ste 3000
Denver, CO 80202-2499

303-595-0008

602-626-3586

TEXAS OFFICE

Lubin, Enoch & Bustamante PC, Texas Office

221 N Kansas St, Wells Fargo Plaza, Ste 700 El Paso, TX 79901

915-585-8008

602-626-3586

NEW MEXICO OFFICE

Lubin, Enoch & Bustamante PC, New Mexico Office

500 Marquette Avenue NW Suite 1200 Albuquerque, New Mexico 87102

(505) 407-0400

602-626-3586

UTAH OFFICE

Lubin, Enoch & Bustamante PC, Utah Office

10 West Broadway, #700 Salt Lake City,
Utah 84101

(505) 407-0400

602-626-3586