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Article Index » labor law » railway labor act
Report Link Ninth Circuit Finds No Railway Labor Act Jurisdiction Over STB-Exempted Transaction.
Buchanan Ingersoll & Rooney PC - June 18, 2008
On June 9, 2008, the Ninth Circuit Court of Appeals held that a trackage rights transaction exempted from prior approval by the Surface Transportation Board (STB) nevertheless triggered § 11321(a) of the Interstate Commerce Act, allowing the override of "all other law … as necessary … to carry out the transaction," including the applicant rail carriers' Railway Labor Act (RLA) bargaining obligations.
Report Link Second Circuit Decides 'Due Notice' Does Not Always Require Personal Notice to Employees.
Buchanan Ingersoll & Rooney PC - June 12, 2008
In a recent opinion, the Second Circuit joined two sister circuits in holding that when an employee has authorized his or her union to represent him or her before a special board of adjustment and has not withdrawn that authority, the employee's right to "due notice" under the Railway Labor Act (RLA) is satisfied upon timely notice to the employee's union. Ollman v. Spec. Bd. of Adjustment No. 1063, No. 05-1706, 2008 U.S. App. LEXIS 11759 (2d Cir. Jun. 3, 2008). Therefore, the RLA does not necessarily require personal notice to a represented employee.
Report Link Implementation of Iris Recognition Attendance System Found to be an RLA Minor Dispute.
Buchanan Ingersoll & Rooney PC - March 19, 2007
The U.S. District Court for the Western District of Iowa recently held that Union Pacific's unilateral implementation of an "iris recognition system" to record the attendance of maintenance of way workers gave rise to a minor dispute.

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