About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2 Emp. Rts. & Emp. Pol'y J. 317 (1998)
A Tale of Two Statutes: Discrimination for Union Activity under the NLRA and RLA

handle is hein.journals/emplrght2 and id is 329 raw text is: A TALE OF TWO STATUTES: DISCRIMINATION FOR UNION ACTIVITY UNDER THE NLRA AND RLA BY CHARLES J. MORRIS* I. INTRODUCTION: IT WAS THE BEST OF TIMES, IT WAS THE WORST OF TIMES This article will compare and contrast discharges of employees for union activity under the two federal statutes that regulate collec- tive bargaining in the private sector: the National Labor Relations Act (NLRA)' and the Railway Labor Act (RLA).2 Under the NLRA, the frequency of such discharges has reached epidemic pro- portions. This widespread violation of the law by large numbers of employers stands in stark contrast to the rarity of such terminations in the airline and railroad industries, which are covered by the RLA. Although both statutes contain clear prohibitions against such con- duct,3 under the NLRA it is not uncommon for employers to use em- ployee terminations as an effective means to discourage union repre- sentation. On the other hand, most employers covered by the RLA- employers who may be equally opposed to the unionization of their employees-will assiduously avoid discharging any union adherents ' Professor Emeritus of Law, Southern Methodist University. An early version of this pa- per was presented at the Thirteenth Annual National Conference on Labor and Employment Law, Stetson University College of Law, in Lake Buena Vista, Florida, on May, 28, 1998. The author expresses special thanks to the following: Professor William N. Cooke of Wayne State University for his assistance in evaluating the statistical data contained herein, Jeffrey B. Morris, MD, MPH, for his assistance in charting and graphing such data, and Ronald Etters and James E. Armshaw, General Counsel and Director of Public Information respectively of the National Mediation Board, for their assistance in gathering and sharing data applicable to employees un- der the Railway Labor Act. 1. 29 U.S.C. §§ 151-169 (1994). 2. 45 U.S.C. §§ 151-188 (1994). 3. 29 U.S.C. §§ 158(a)(1), (a)(3) (1994); 45 U.S.C. § 152, Third, Fourth (1994). 317

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most