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The Railway Labor Act Questions

The Railway Labor Act is a U.S. federal law can pertain to railroads, motor carriers, and airlines. It attempts to resolve labor disputes using methods of arbitration, bargaining, and mediation to prevent strikes. If you have questions about the Railway Labor Act, get in touch with Employment Lawyers at JustAnswer for legal expertise in tackling your case. Listed below are a few questions answered by the Lawyers on questions related to the Railway Labor Act.

My wife works as a full-time agent for an airline carrier. One day, she was asked to come in early for training and ended up working over 40 hours a week for that week. The company says that she doesn’t qualify for overtime pay since it falls under the Railroad Labor Act. Can she still claim overtime?

Certain transportation industries are exempt from overtime. Employees of an airline that is subject to the Railway Labor Act are not eligible for overtime pay as required by the Federal Labor Standard Act. If an airline’s responsibilities include transporting U.S. mail or dealing in interstate or foreign commerce, it will fall under the purview of the Railway Labor Act, and then overtime pay will usually not apply.

I work with an airline, and my employment was recently terminated. Prior to that, I was furloughed. I am part of the union, and we fall under the Railway Labor Act. The union suggests that I follow their arbitration process to get this reversed. The company is also trying to claim that, when the workers were laid off, I harassed a co-worker into doing over time. All I did was post a message on the private union message board with no references to the co-worker. What should I do?

It is quite unlikely that your company will be able to prove that the statements were made by you. You probably have a better chance of fighting this by pursuing the arbitration route.

The following links will be of some help:
http://www.nmb.gov/documents/docsup.html
http://www.nmb.gov/documents/rla.html

The overview and forms to initiate an arbitration process are at:
http://www.nmb.gov/arbitration/amenu.html

Under the Railway Labor Act, does an employer have the right to ask for detailed financial information like bank statements, insurance beneficiaries, and so on? This information has been asked of about 20-30 people in the company who have received money from their divorces through defined benefit plans. Is it right for the company to demand this information?

In certain situations, employers can request this kind of information from you depending on the occupation you are in. But even if they do, you would need to sign documents stating that you have agreed to give them the information willingly and were not under duress to do so. In short, unless there is a contract to the effect or a union that states otherwise, you cannot be forced to divulge thus information without signing a document that states why the information is needed.

Companies that are subject to the Railway Labor Act (RLA) sometimes follow different rules as compared to those laid down under the Federal Labor Standards Act. It is important to know what your rights are if your employer follows the RLA. Employment Lawyers on JustAnswer can help by providing fast and insightful answers to your questions at the most affordable rates.
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