Labor Law Landmarks: Navigating RLA vs. NLRA in Aviation
This reference guide highlights the fundamental differences between the Railway Labor Act (RLA) and the National Labor Relations Act (NLRA) as they apply to the aviation industry, including EMS, offshore, and fixed-wing operations.
Aviation Comparison Guide: RLA vs. NLRA
| Feature | Railway Labor Act (RLA) | National Labor Relations Act (NLRA) |
|---|---|---|
| Industry Scope | Limited to Air Carriers and Railroads. | Covers most other private sector employers. |
| Jurisdictional Limit | No “derivative carriers” in aviation; only actual air carriers are covered. | Covers ground support and non-carrier aviation contractors. |
| Bargaining Unit | System-wide “Craft or Class” (e.g., all pilots for one carrier). | Usually single-facility or worksite-based. |
| Contract Lifespan | Contracts never expire; they only become “amendable”. | Contracts have fixed expiration dates. |
| Grievance Finality | Mandates System Boards of Adjustment for final arbitration. | Arbitration is typically a negotiated contract term, not a law. |
| Organizing Bar | Requires a 50% showing of interest to trigger an election. | Only requires a 30% showing of interest. |
Key Distinctions for Aviation Workers
1. System-Wide Representation
In the aviation sector, the RLA requires that a union represent an entire “Craft or Class” across the carrier’s whole system. For an EMS or offshore helicopter operator, this means a bargaining unit must include every pilot or mechanic employed by that carrier nationwide, rather than organizing individual bases one by one as permitted under the NLRA.
2. Jurisdiction and the “Swissport” Rule
A critical distinction for aviation is that “derivative carriers”—companies that are not airlines themselves but are controlled by them—are generally not covered by the RLA. Following recent National Mediation Board (NMB) determinations, only actual air carriers fall under RLA jurisdiction; ground handlers and other support services now typically fall under the NLRA.
3. The “Interminable” Negotiation Process
Negotiations in aviation are designed to prevent the interruption of commerce. Unlike NLRA workers who can often strike once a contract expires, aviation workers must navigate a process involving Section 6 notices, mandatory mediation by the NMB, and a “Status Quo” period where neither side can change working conditions until released by the government.
4. Minor Disputes and System Boards
When a dispute arises over the interpretation of an existing aviation contract (a “Minor Dispute”), the RLA strictly prohibits strikes. Instead, these must be resolved through a System Board of Adjustment, which is a mandatory, tripartite arbitration panel established by the carrier and the union.
5. Secondary Boycotts and Picket Lines
A unique legal advantage for aviation and rail unions is that the RLA does not prohibit secondary boycotts. This allows unions within the industry to legally honor the picket lines of other crafts on the same property, a practice that is strictly forbidden for unions governed by the NLRA under the Taft-Hartley Act.
6. Treatment of Supervisors
While the NLRA excludes all supervisors from union representation, the RLA allows “subordinate officials” (lower-level supervisors often found in aviation maintenance or flight operations) to organize and join a union.