Expert: Thomas R. Ballas - 6/27/2009

Question
This is  and Gerri, What is the process now that the union has refused an arbitration, we believe we are on a time frame under the RWLA? Thank You J & G.

Answer
Jan:

I think you only step is to now take the Union to federal court.  Remember, the NMB does not get involved in disputes between Unions, and I think they see this as just that.  From their website:

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 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.

I think the only thing left is to take the union and AA to federal court.

Tom Ballas