Federal Labor Relations Statutes: An Overview (CRS Report for Congress)
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| Release Date |
Revised Sept. 5, 2014 |
| Report Number |
R42526 |
| Report Type |
Report |
| Authors |
Gerald Mayer, Analyst in Labor Policy; Jon O. Shimabukuro, Legislative Attorney; Benjamin Collins, Analyst in Labor Policy |
| Source Agency |
Congressional Research Service |
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Summary:
Since 1926, Congress has enacted three major laws that govern labor-management relations for private sector and federal employees. An issue for Congress is the effect of these laws on employers, workers, and the nation's economy. The Bureau of Labor Statistics (BLS) estimates that, in 2013, an estimated 14.5 million employees were union members. In the 113th Congress, more than 25 bills were introduced to amend federal labor relations statutes. The proposals ranged from repealing provisions that permit employers to require employees to join a union as a condition of employment to requiring mediation and, if necessary, binding arbitration of initial contract negotiation disputes. These legislative activities, and the significant number of employees affected by federal labor relations laws, illustrate the importance of labor relations issues to legislators and their constituents.
The three major labor relations statutes in the United States are the Railway Labor Act, the National Labor Relations Act, and the Federal Service Labor-Management Relations Statute. Each law governs a distinct population of the U.S. workforce.
The Railway Labor Act (RLA) was enacted in 1926. Its coverage extends to railway and airline carriers, their employees, and unions. The RLA guarantees employees the right to organize and bargain collectively with their employers over conditions of work and protects them against unfair employer and union practices. It lays out specific procedures for selecting employee representatives and provides dispute resolution procedures that aim to resolve labor disputes between parties, with an emphasis on mediation and arbitration. The RLA provides multiple processes for dispute resolution, depending on whether the dispute is based on a collective bargaining issue or the application of an existing collective bargaining agreement.
The National Labor Relations Act (NLRA) was enacted in 1935. The NLRA's coverage extends to most other private sector employers that are not covered by the RLA. Like the RLA, the NLRA guarantees employees the right to organize and bargain collectively over conditions of employment and protects them against unfair employer and union activities. However, its dispute resolution system differs from the RLA's in that it is arguably more adversarial in nature; many disputes are resolved through adjudication, rather than through mediation and arbitration.
The Federal Service Labor-Management Relations Statute (FSLMRS) was enacted in 1978, and its coverage extends to most federal employees. The basic framework of the FSLMRS is similar to that of the NLRA; however, employee rights are more restricted under the FSLMRS, given the unique nature of their employer, the federal government. Federal employees have the right to organize and bargain collectively, but they cannot strike. Most federal employees cannot bargain over wages or benefits. Additionally, the President can exclude a federal agency or subdivision from coverage if the organization's primary work concerns national security.
