Partial strikes under the railway labor act: The need for a doctrine of unprotected concerted activity

In light of use by airline unions of partial-strike tactics, such as concerted refusals to bid for overtime work and so-called ” CHAOS” tactics involving unannounced refusals to fly after passengers have been ticketed and are ready to board, the authors examine whether the Railway Labor Act (RLA) should be interpreted to permit employers to discipline employees for engaging in such tactics, or whether these are a protected form of economic pressure. Although in many respects bargaining duties and economic weapons under the RLA are read consonant with precedents under the National Labor Relations Act (NLRA) (which governs all industries other than rail and air transport), there are a few decisions suggesting that during the period when self-help may be resorted to, employees can engage in partial strike activities as long as they violate no court order but are subject to permanent replacement in limited circumstances. These decisions, the authors submit, fail to take account of Supreme Court decsions since the 1930s that some economic pressures by unions, such as slowdowns and sitins, may not violate the labor laws but nor are they protected by those laws so as to immunize partial strikers from employer discipline. These decisions are not based on unique features of the NLRA. Rather, they give recognition to the background assumptions of Congress that employers may act to protect their property interests as long as they do not run afoul of NLRA or RLA protections and that employees who engage in partial-strike activities are subject to employer discipline even where not strictly necessary to maintain operations. Moreover, these tactics skew the bargaining process by giving employees an essentially risk-free gambit to pressure their economic position through planned disruption of carrier operations. Professor Estreicher is also labor and employment counsel to O’Melveny & Myers, LLP. The views expressed herein are the authors’ and should not be attributed to any organization. Hannah Breshin and Tom Jerman of O’Melveny & Myers, assisted the authors with this article. We also thank Professor Herbert Northrup for his helpful comments.     

Editorial

Ohne Zusammenfassung

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Editorial

     

The Young and the Realigning: A Test of the Socialization Theory of Realignment

Recent research has demonstrated that Democrats and Republicansare divided along religious lines–98) confirm that thelink between religiosity and Republican Party identificationis stronger among younger than older voters.     

Volume 30

Theory and Society -     

Book Review: A Generation Divided: The New Left,The New Right,and the 1960s. By Rebecca E. Klatch. Berkeley: University of California Press, 1999. 386 pages,paperback, ISBN: 0-520-21714-4

Qualitative Sociology -     

Challenges to Connecting Sociology and Service Learning

Service-learning programs are not free from challenges brought about by lack of financial support, lack of widespread commitment from professors, community agencies, and recipients of service, and lack of knowledge and insight in students directly involved in such programs. While service-learning initiatives and programs serve positive functions for organizations and individuals, rhetorical accolades for service learning can distort or omit the realities of program implementation and sustained delivery. This paper specifically explores the following challenges connected to service-learning programs: (1) pedagogical difficulties; (2) student limitations; (3) time constraints; and (4) community cooperation.