Under the Railway Labor Act, there is no procedure by which employees can simply get rid of the “union shop” forced unionism clause in the contract between a union and their employer. However, railway and airline employees have the right to oust a
union as their exclusive bargaining agent if a majority of the employees in a bargaining unit sign cards authorizing an employee in that bargaining unit to serve as their representative, and that employee files an application for “Investigation of
Representational Dispute” with the
National Mediation Board (NMB). The NMB would then hold an election between the
union and the independent representative. If the independent representative wins the election, he or she can disclaim the contract entirely or just the forced unionism clause. Detailed information about the NMB’s
representation procedures can be found on its web site. The case that established the right of railway and
airline employees to opt for non-representation is Russell v. NMB, 714 F.2d 1332 (5th
Cir. 1983), in which a Foundation attorney represented the employees who wanted no
union representation. Unfortunately, you will not find any reference to this decision on the
NMB’s web site, but the procedures described on that web site do apply to a
“decertification” election under Russell. If you would like a copy of the Russell decision,
please let us know (include your postal address),
and we will mail it to you. Also, if you want legal advice in pursuing “decertification”
under Russell, please notify us and your request
for assistance will be referred to a Staff Attorney.