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Chapter 3 RAILWAY AND AIRLINE
LABOR RELATIONS LAW
Case Questions
3.1, Burlington Northern Railroad Co. v. Brotherhood of Maintenance of Way Employees, p. 44
1. (Q.) Do procedures exist for the executive branch to intervene in a railway labor dispute and
interrupt any self-help measures that may be disrupting essential transportation
services?
2. (Q.) Does the Supreme Court have the power to enjoin secondary activity by rail unions?
3.2, Brotherhood of Maintenance of Way Employees v. BNSF Ry., P. 46
1. (Q.) Two forums exist to resolve RLA disputes, the federal courts and arbitration. Explain
the broad classification system used to determine which forum is appropriate to solve
the controversy.
(A.)
2. (Q.) Explain the procedures used to resolve major and minor disputes under the RLA.
(A.)
followed for resolving disputes, are defined as disputes over the formation of collective
3. (Q.) How did the court decide this case?
(A.)
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3.3, BNSF Railway and UTU, p. 49
1. (Q.) Did the Carrier produce evidence that the train was operating at an excessive speed
considering the weight of the train? Did the Board find that the Carrier met its burden
of proof?
(A.) From the excerpted portions of the award it is clear the Carrier had produced many
2. (Q.) If the train was operated 10 miles per hour over the speed limit from Cajon to Baseline
in violation of Company operating rules and the speed set forth in the Division
Timetable, is a one-year suspension an appropriate penalty for the Engineer? Give the
this matter?
(A.) An improper speed on this treacherous descent west to Los Angeles would lead to a
catastrophe, including loss of life for the crew and for the public and enormous
Chapter Questions and Problems, p. 53
1. (Q.) Why did Congress first regulate disputes in the railway industry?
2. (Q.) How did the 1926 RLA improve the prior situation? How did the 1934 amendments
improve the RLA?
(A.) The 1926 Act gave employees freedom to unionize and bargain without employer
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3. (Q.) What rights of employers are protected by the RLA?
(A.)
4. (Q.) Why did the 1966 amendments to the RLA establish special boards of adjustment?
(A.) The 1966 amendments established special boards of adjustment, or PL Boards, in order
5. (Q.) Does Section 4 of the Norris-LaGuardia Act prohibit the use of strike injunctions in
cases arising under the RLA?
(A.) Ordinarily the use of strike injunctions is prohibited by Section 4 of the Norris–
6. [Jurisdiction of the courts and arbitration boards, Sections 3.1 and 3.3.] The court viewed the
policy behind the RLA as encouraging the private settlement of grievances through
7. [Union-side injunctions, Sections 3.3 and 3.7.] Section 2 of the RLA requires both parties to
rules, and working conditions [Section 3.7 Chicago and North Western Railway Company v.
United Transportation Union]. Virginian Railway Co. v. System Federation No. 40 illustrates the
8. [Strike injunctions, Section 3.7.] In Chicago and North Western Railway Company v. United
Transportation Union [Section 3.7], the court traced the purpose of the RLA mechanism to the
obligation under Section 2 of the Act for the parties to exert every reasonable effort to settle
a dispute. The district courts are empowered to decide whether the parties have made every
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9. [Bargaining representation, Section 3.2.] The factors considered by the NMB in determining
bargaining units are set forth in Section 3.2 of the text.
Under Section 2, Ninth, of the Act, an employer is obligated to bargain with the certified
10. [Jurisdiction of the courts and arbitration boards, Section 3.4.] The RLA permits judicial
enforcement of the duty to maintain agreements. Accordingly, the unions may proceed to
court and ask the Court to compel Western to abide by its agreement to arbitrate issues
under the contracts. Furthermore, the unions may ask for an injunction barring the merger
until arbitration is completed.
11. [NRAB and Other Boards of Adjustment: Judicial Review, Section 3.5.] A court may set aside
NRAB arbitration awards for (1) failure to comply with the RLA, (2) failure to conform or
member of the NRAB. The award
Board in this case, have the same legal effect and thus the same standards for court review
as an NRAB award.
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12. [Major and Minor Disputes, Section 3.4.] The Court evaluated the arguments of the parties
to determine if the dispute was a major or minor dispute. The Carrier had the burden of
demonstrating that the dispute was a minor one, with doubts being construed in favor of a