Organizing Rights Under the Railway Labor Act
Know Your Rights When Organizing An Employer Covered by the Railway Labor Act!
Under the RLA, an employer is prevented from:
- Surveillance of organizing activities
- Threatening to sue in an effort to suppress support
- Terminating/disciplining or threatening to terminate/discipline employees for supporting the union
- Barring employees from soliciting cards or membership during non-work time and in non-work areas as long as the Company does not have a specific and non-discriminatory policy banning all solicitation (a non-work area generally includes break rooms, crew lounges, anywhere where work is not performed)
- Asking about confidential union matters (i.e. whether or not the employee signed a card)
- Asking about whether the employee supports the union
- Threatening to discontinue existing benefits
- Promising to give employees promotions, raises, or other benefits in exchange for voting against the union
- Endorsing one Union over another
- Preventing an employee from voting
- Knowing how the employee voted
- Prohibiting an employee to wear his pin on the job as long as it does not contain a controversial statement or violate company policy or uniform requirements
- Preventing an employee from handing out leaflets on his own time in non-work areas
- Preventing an employee from discussing the prospect of a union while at work as long as it does not interfere with work duties (contrast this with how an employee should only hand out representation cards during non-work time in non-work areas)
45 U.S.C. § 152 (Third), (Fourth); 29 C.F.R. § 1205.2