| 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 to 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 under the LMRDA
The NMB has no authority to investigate or remedy employee grievances against a union. If you believe your union is in violation of its constitution and bylaws; is not properly conducting union affairs such as the ratification of union/management agreements, to strike or not, election of union officials, the conduct of union officials, and the application of union dues or agency fees; or is otherwise in violation of your rights as a union member under the Labor Management Reporting and Disclosures Act (LMRDA), you may contact the Office of Labor Management Standards of the Department of Labor at 202 513-7300 or consult with a private attorney.
Inter-union agreements, including inter-union seniority matters and union mergers, are also internal union matters. Disputes arising from these types of issues 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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