Alternative Dispute Resolution (ADR)
ADR is the facilitation of interest-based or mutual-interest negotiations and grievance mediation. In the venue of the NMB, it is a process for resolving disputes outside of mediation and arbitration.

Arbitration
A type of dispute resolution process where a third-party neutral, referee or arbitrator renders a decision.

Binding arbitration
Both parties must adhere to the decision of the arbitrator.

Collective Bargaining Agreement
The contract agreed to by unions (representing employees) and management, defining wages, hours, benefits, and working conditions. Under the RLA, collective-bargaining agreements become subject to change on a specified date (amendable date), rather than expiring as agreements do in other employment sectors.

Constitution and Bylaws
The operating rules of a union or other entity.

Craft-or-class
Under the RLA, this is a group of employees deemed by the NMB to share a community of work and interest for the purpose of negotiating as a group (collective bargaining) with management over wages, hours, benefits and working conditions. Under the RLA, craft-or-classes are carrier wide, not location based.

Decertification
The loss of its NMB certification (representation rights) by an incumbent union. For more information see #39 of the Frequently Asked Representation Questions.

Duty of Fair Representation
The obligation of unions to represent its members in a fair and impartial manner without invidious discrimination.

Exclusive representation
Only one union can represent a specific craft or class at a time. U.S. courts have ruled that this right requires unions to represent all employees in the represented craft or class regardless of whether they are members of the union.

Facilitation
A process where a neutral helps the parties in a collective bargaining or grievance dispute use Alternative Dispute Resolution (ADR) problem-solving methods such as interest-based bargaining or grievance mediation.

Filing a grievance "as an individual"
This is a process in the railroad industry whereby an employee, who is not satisfied with the result of a grievance filed with the union, can pursue a grievance with the National Railroad Adjustment Board (NRAB) without assistance from the union.

Freedom of Information Act (FOIA)
A Freedom of Information Act or Privacy Act request to access records concerning oneself or a third party, an organization, or a particular topic of interest.

Grievance
A dispute between management and employee regarding issues covered by a collective bargaining agreement.

Grievance arbitration
Using a neutral, referee or arbitrator to decide the outcome of a dispute between management and employee regarding issues covered by a collective bargaining agreement.

Grievance Mediation
In the venue of the NMB, using mediation as an alternative to arbitration for resolving grievances.

Interest arbitration
The NMB offers arbitration to the parties to resolve negotiation disputes whenever agreement is not reached through the mediation process.

Interference
Actions by the carrier or union which negatively impact conditions in a representation dispute intended to ensure the independence of labor and management for the purpose of employee self-organization and the right of employees to freely determine whether they wish to be represented for the purpose of collective bargaining.

Internal union matters
Activities specific to the internal operations of a union such as the ratification of union/management agreements, election of union officials, the conduct of union officials, and the application of union dues.

Inter-union agreements
Agreements between unions, usually protecting the seniority of members who switch jobs within the same company.

Jurisdiction
The scope of authority or control of a law such as the Railway Labor Act or of an agency such as the National Mediation Board to apply or administer the law.

Labor agreement
(see Collective Bargaining Agreement)

Labor contract
(see Collective Bargaining Agreement)

Labor Management Relations
(see Labor Relations)

Labor-management contract
(see Collective Bargaining Agreement)

Labor Relations
The interaction between a company’s management and its employees encompassing Representation, Collective Bargaining and Grievances. Representation is the right of employees to form unions, or not, for the purpose of bargaining as a group on matters of wages, hours, benefits and working conditions (Collective Bargaining) and addressing Grievances (i.e., disputes between management and employees in the application of a collective bargaining agreement).

Mediation
A type of dispute resolution process where a neutral (i.e., a mediator) facilitates agreement between the parties to a collective bargaining dispute, versus imposing a settlement on the parties.

Negotiations
Collective bargaining directly between the parties (labor and management) before or apart from NMB mediation.

Parties
In Mediation, the parties generally are employers and unions. In Representation cases, the participants are the carrier and unions or individuals seeking representation rights.

Railway Labor Act
The U.S. law applying to Labor Relations aspects of airline and railroad carriers, basically covering representation, mediation and arbitration.

Ratification
An internal-union process usually whereby union members vote to approve, or not, a tentative agreement reached by union representatives with management officials on a new or amended collective-bargaining agreement.

Representation
The right of employees to seek a union or individual to represent them for the purpose of negotiating with management on wages, hours, benefits, and working conditions.

Status Quo
Situations under the RLA in either collective bargaining or representation disputes where existing pay rates, rules and working conditions cannot be changed unilaterally, pending the resolution of the dispute in question.

Statutory Disputes
Matters of law under the Railway Labor Act which are not enforceable by the National Mediation Board. These matters are usually pursued through the judicial system.

Strikes
(see Work Stoppages)

Unfair labor practices
This is not a term used under the RLA or by the NMB. It generally refers, however, to company or union violations of employee rights to organize and negotiate with management, or not, regarding wages, hours, benefits, and working conditions. (see Statutory Disputes)

Work stoppages
A cessation of work within a company due to the employer locking disputing union employees out of the workplace (lockout) or union members withholding their services (strike).