Major or Minor Disputes

Under the Railway Labor Act there are two types of contractual disputes:

(1) those that involve changes in existing agreements or implied agreements (practices) are called "major" disputes; and (2) those that involve interpretation or application of existing agreements or implied agreements (practices) are called "minor" disputes. The Supreme Court has made it very clear that a dispute is not "major" just because the union and the employees are terribly upset about the outrageous behavior of the railroad. All that the courts look at is whether the railroad's position as to why it gets to do what upsets the union is "arguable," and the railroad's argument does not have to be a good one! If the railroad has any argument at all that the agreement(s) or implied agreement(s) (practices) permit the action, the only thing the union can do is take the dispute, in the form of claims denied by the highest designated railroad labor relations officer, to arbitration. The courts will not let the union strike over a "minor" dispute.

When the railroad has no argument at all that its action is permitted by agreement or practice, the union can strike until the carrier discontinues the action, or it can go to court to get an injunction against the railroad's action, because that would be a "major" dispute. In the past ten years (1984-1994), only two disputes in which the UTU has been involved (other than fully completed, but unresolved negotiations) have been ultimately found to be "major" disputes. One of them is a good example of what a "major" dispute is in this day and age. The railroad in that case ran a new type of train it was thinking about using half-way across the country with a crew of railroad officials. It did not claim the agreement permitted this. It did not claim the union had let it do so in the past to permit the practice. UTU struck the railroad until the train reached its destination, and a Federal court entered an order prohibiting the railroad from using crews made up of officials.

Of course, even if a "major" dispute exists, no union officer may call a strike without the approval of the international president. In most cases, after a general chairperson requests strike authority, the Field Service Department assigns a vice president to investigate the dispute and report to the president. Often the Legal Department will be asked for a legal opinion. If a "major" dispute appears to exists, and a vote of the local chairpersons is favorable, strike authority will be granted. The strike activity remains under the control of the international president, and assigned vice president, as his or her agent.

In order to make a record that the international president, Field Service Department and Legal Department can review, the general chairperson should send the railroad a "non-acquiescence" letter in the form contained at the end of this section. After the railroad responds to the letter, hopefully in writing, setting forth its reasons for taking the action at issue, all concerned will be better able to judge whether the dispute is "major" or "minor" under the Railway Labor Act.

Further responsibilities and obligations are placed on both parties in connection with disputes involving grievances and the interpretation or application of agreements,. All such disputes which cannot be settled by the parties in direct conference are referable either to special boards of adjustment set up by agreement (known as "public law boards"), or the National Railroad Adjustment Board, as provided by for in Section3 of the Railway Labor Act. Carriers that fail to comply with awards of the National Railroad Adjustment Board or arbitration boards set up in accordance with the Act are made subject to civil suits for enforcement to Federal district courts, where attorney's fees are awarded by law upon enforcement. Arbitration findings are by law "conclusive," and court review is not available except in very limited circumstances.

The Railway Labor Act as amended, then, provides definite procedures through which disputes shall be handled.

This page last updated: 03/06/2005