The National Mediation Board (NMB) is an independent, U.S. federal agency empowered by the Railway Labor Act (RLA) to minimize work stoppages by facilitating harmonious labor-management relations for airlines and railroads engaged in interstate commerce or travel. The responsibility of the NMB falls into three primary goals Mediation, Representation and Arbitration as follows:

Mediation

When an airline or railroad carrier and a union do not reach agreement in direct negotiations, the National Mediation Board (NMB) provides a mediator to assist the parties in negotiating a new or revised collective bargaining agreement. The NMB does not mediate disputes between employees, between individuals and their employers, or between unions.

In the mediation process, the NMB does not dictate the terms of an agreement or force agreement between the parties. Nothing in the mediation process prevents the parties from reaching agreement on their own at any time.

For a Description of NMB mediation, click here.

For a chart of the Collective Bargaining Process under the RLA, click here.

For frequently asked questions (FAQs), click here.

For a menu of other mediation information, click here.

Representation

When a union or an individual seeks to represent a specific group of employees (craft-or-class under the RLA) for the purpose of negotiating as a group on wages, hours, benefits, and working conditions (collective bargaining), the NMB investigates the case. The NMB examines the jurisdiction of the carrier under the RLA; the appropriate carrier and craft-or-class designation; the eligibility of voters; and whether an election is justified. If an election is authorized, the NMB conducts the election and certifies the winning union or individual to represent the group. Additionally, the NMB ensures that the representation process occurs without interference, influence or coercion. See the NMB Representation Manual for more information.

The NMB does not have a union-decertification process per se; however, you may want to review questions 11, 38, 39, 23 and 28 of the NMB frequently asked questions for representation.

The NMB does not have jurisdiction over internal union matters such as the election of union officials, voting to strike, or the voting to approve (ratify) a collective bargaining agreement.

For a Description of NMB representation, click here.

For frequently asked questions (FAQs), click here.

For a menu of other representation information, click here.

Arbitration

The Railway Labor Act (RLA) provides for two types of arbitration: (a) arbitration of collective-bargaining negotiations when the parties do not reach agreement through NMB mediation and both agree to binding arbitration (interest arbitration), or (b) arbitration of grievances as specified in a collective bargaining agreement over wages, hours, benefits, and working conditions (grievance arbitration).

Interest Arbitration: Interest arbitration is a process to establish the terms of a new or modified collective bargaining agreement through arbitration, rather than through negotiations. Although the RLA provides an effective process for interest arbitration, its use is not statutorily required. The NMB offers the parties the opportunity to use interest arbitration when the Agency has determined that further mediation efforts will not be successful. In addition, the parties may directly agree to resolve their collective bargaining dispute or portions of their dispute through interest arbitration. The NMB generally provides the parties with panels of potential arbitrators from which they select the individuals to resolve the dispute. (In some instances, the parties’ agreement to arbitrate allows the NMB to directly appoint an arbitrator.) An interest arbitration decision is final and binding with very narrow grounds for a judicial appeal.

Grievance Arbitration: Because airline and railroad employees can not strike their employers on grievance issues, arbitration is an option available to unions under the RLA for resolving issues, involving the interpretation or application of existing collective bargaining agreements. The NMB has significant administrative responsibilities for the three sources of grievance arbitration in the railroad industry: the National Railroad Adjustment Board, Public Law Boards and Special Boards of Adjustment. Grievance arbitration in the airline industry is accomplished at the various System Boards of Adjustment created jointly by labor and management at the parties’ expense. The NMB has substantial financial responsibilities for railroad arbitration proceedings in that it pays the salary and travel expenses of the arbitrators. The NMB furnishes panels of prospective arbitrators for the parties’ selection in both the airline and railroad industries. Arbitration decisions under the RLA are final and binding with very limited grounds for judicial review.

RLA vs. Bankruptcy Act

• Conflict between Federal statutes, such as the Bankruptcy Act and the Railway Labor Act (RLA), is a matter for the courts.
  
  
• If an airline or railroad carrier files for Bankruptcy when in mediation under the RLA, mediation will continue as determined by the NMB.
  
  
• If both parties seek NMB assistance in negotiations outside of RLA Section-6 mediation, such as in renegotiating the terms of a Collective Bargaining Agreement in relation to Bankruptcy proceedings, the NMB may consider getting involved.
  
  
• Regardless of a carrier's filing for bankruptcy or a Bankruptcy Judge nullifying a CBA, a union certified by the NMB maintains representation rights, until determined otherwise via NMB representation procedures.
  
  
• How Bankruptcy of a carrier impacts whether a union can legally strike under the terms of the RLA, is a matter for the courts.

The NMB Does Not: The NMB does not arbitrate disputes between unions such as union-merger issues, seniority disputes, or inter-union agreements.

For how to apply for inclusion on the NMB Roster of Arbitrators, click here.

Click here for more information about the NMB.

For a Description of Grievance Arbitration, click here.

Regarding Interest Arbitration, (see above).

For frequently asked questions (FAQs), click here.

For a menu of other arbitration information, click here.