In a recent advisory opinion following the National Labor Relations Board's (NLRB) referral, the National Mediation Board (NMB) ruled on whether the Railway Labor Act (RLA)...
United States Employment and HR
In a recent advisory opinion following the National Labor Relations Board's (NLRB) referral, the National Mediation Board (NMB) ruled on whether the Railway Labor Act (RLA) applies to Swissport Cargo Services, LP, a third-party ground service provider for airlines (i.e., a "derivative carrier"). Deviating from nearly 40 years of history, the NMB held that the RLA does not cover Swissport or its employees, reasoning that Swissport is not a "common carrier by air" and, therefore, it is not covered by the statutory text of the RLA. The current NLRB will almost certainly defer to the NMB's opinion that Swissport's EWR employees are not covered by the RLA and then rule that they are instead covered by the NLRA.
The NMB's opinion raises important practical questions for airline service providers. Certainly, airline service providers facing organizing efforts now find themselves even more likely to be deemed covered by the National Labor Relations Act (NLRA). Additionally, airline derivative carriers currently in Section 6 negotiations under the RLA or with labor contracts pursuant to the RLA are left wondering how their negotiations and collective bargaining agreements will be impacted.
Swissport provides ground services— such as baggage...
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