More info cut and pasted lol
Case law
26. The RLA governs labor relations in the railroad industry. The principal purpose of the RLA is to “avoid any interruption to . . . the operation of any carrier . . . .†45 U.S.C. § 151 a(1); see also, e.g., Texas & New Orleans R.R.Co. v. Bdh. of Ry. and SS Clerks, 281 U.S. 548, 565 (1930) (“[T]he major purpose of Congress in passing the Railway Labor Act was ‘to provide a machinery to prevent strikes.’â€).
27. To avoid interruptions to railroad operations and encourage the peaceful resolution of disputes between carriers and unions, the RLA established two separate mandatory dispute resolution procedures, one for “minor disputes,†and one for “major disputes.†The terms “minor dispute†and “major disputeâ€are not found in the RLA itself, but are shorthand terms developed by the courts to describe the RLA’s dispute resolution procedures. See generally Consolidated RailCorp. v. Ry. Labor Executives’ Ass’n., 491 U.S. 299 (1989) (“Conrailâ€).
28. A “major dispute†is a dispute over contract formation or amendment of a collective bargaining agreement. Elgin, Joliet & Eastern Ry. v. Burley, 325 U.S. 711 (1945). Parties cannot engage in self help until after they have exhausted the RLA’s major dispute procedures. 45 U.S.C.§§ 152 First, 152 Seventh, 156. As explained previously,
the “major dispute†procedures can be initiated by the service of a bargaining notice under Section 6 of the RLA, 45 U.S.C. § 156, as long as such notices are not barred by moratorium provisions in the parties’ collective bargaining agreement. See, e.g., Int’l Longshoremen’s Ass’n Local 158 v. Toledo Lakefront Dock & Pellet Co.,776 F.2d 1341, 1344 (6thCir. 1985). The RLA “major dispute†procedures include conference,negotiation, and mediation between the parties. Until these procedures have been exhausted, the parties are bound by the RLA’s “status quo†requirements. See e.g., Conrail, 491 U.S. at 302-03;45 U.S.C. §§ 152 First, 152 Seventh, 156. Once the RLA’s major dispute procedures have been exhausted, the parties are free to engage in self-help.
29. In contrast, a “minor dispute†is a disagreement growing out of the interpretation or application of an existing collective bargaining agreement rather than an effort to reach new agreement terms. See e.g., Conrail, 491 U.S. at 303; Henegar v. Banta, 27 F.3d 223, 225 (6thCir. 1994). A dispute is minor “
f the dispute can be resolved by reference to the parties’ collective bargaining agreement, i.e., if it is ‘arguably comprehended within an already existing collective bargaining agreement.’â€Chicago & N.W. Transp. Co. v. Ry. Labor Executives Ass’n., 855 F.2d 1277, 1282 (7th Cir. 1988).
30. “Minor disputes†are required to be addressed by the parties first through conferences and handling “on the property.†45 U.S.C. §§ 152, Sixth, 153, First(i). If the interpretive dispute is not resolved through such handling, either party may submit the dispute to final and binding arbitration. Id. § 153, First(i); see also Conrail, 491 U.S. at 303
