To better understand how rail labor and management reach agreements on rates of pay and work rules, the BLET has produced a series of briefs, Understanding collective bargaining under the Railway Labor Act, explaining how the Railway Labor Act (RLA) of 1926 works. This federal law only applies to railroads and airlines and their workers. This is the second in the series. The first installment can be found here.
Under the RLA, collective bargaining agreements (CBAs) never expire. They can, however, become amendable after parties exchange notices of intent to make changes to rates of pay, rules, and working conditions. These notices of intent to make changes or amendments to rates of pay, rules, and working conditions are commonly called Section 6 notices, referring to the section of the RLA that governs them. As previously reported, the BLET and freight rail carriers exchanged Section 6 notices in late 2024, signaling the start of national negotiations (see Steps 1 and 2 below).
After the exchange of Section 6 notices and the formal opening of bargaining talks, the status quo between the parties is required to be maintained until negotiations are concluded. Maintaining the status quo means that all of the actual objective working conditions and practices that were in effect prior to the service of the Section 6 notices, including but not limited to those terms and conditions of employment explicitly set forth in the current CBA, remain in effect until agreement over amendments to the CBA is reached. In Latin, “status quo” literally means “current situation.”
The BLET and freight carriers are now engaged in what is known as direct negotiations. Here, both the railroads and the Union meet and discuss issues, make proposals, and conduct bargaining over amendments to the CBA. While in direct negotiations, the National Mediation Board (NMB) generally stays out of the process. There is no time limit for direct negotiations to conclude (see Step 3 below).
Looking ahead, if direct negotiations break down, either party (or both) can apply to the NMB for mediation services (see Steps 4 and 5 below). After receiving an application for mediation, the NMB dockets the case and assigns a mediator. The mediator serves as a neutral third-party between the Union and the railroad(s) to help them come to an agreement. The mediator controls the frequency, schedule and location of negotiations. Typically, the NMB will continue with mediation as long as it thinks it can move the parties toward an agreement. The mediator does not have the authority to impose terms and conditions of any new CBA, but can assist in offering potential solutions towards reaching an agreement. As with direct negotiations, there is no time limit for how long mediated negotiations may last.
STEP 1: Notice is served under Section 6 of the Railway Labor Act by either or both parties (called “Section 6 Notices”).
STEP 2: Reply to a Section 6 notice is required within 10 days setting time, and date of initial conference, which must be held within 30 days.
STEP 3: Direct negotiations begin. No time limit.
STEP 4: Agreement reached through direct negotiations. If not, go to Step 5.
STEP 5: Either or both parties may request the NMB to assign a mediator, and mediated negotiations begin. There is no time limit for mediated negotiations.