Congress has enacted three major laws that govern labor-management relations. The first law, the Railway Labor Act (RLA), was enacted in 1926. Congress enacted the Federal Service Labor-Management Relations Statute (FSLMRS) in 1978. The act applies to most federal employees. The act's five major purposes are to:
prevent any interruption to commerce or to the operation of any carrier; ensure employees the right to organize or join a labor union; ensure railway carriers and employees the right to select bargaining representatives without interference from the other party; provide timely settlement of disputes over rates of pay, rules, or working conditions; and provide timely settlement of disputes growing out of grievances or over interpretation or application of existing union contracts. Although the National Labor Relations Act (NLRA), which covers most private sector employees, was enacted in 1935, labor wanted airline carriers to be included under the RLA, because it believed the RLA's mediation/arbitration dispute resolution mechanisms provided more flexibility for the constantly changing, fledging industry. Prohibited Conduct

The RLA does not specifically list the unfair labor practices that it prohibits. Each type has its own dispute resolution mechanism. National Labor Relations Act

		Background

In 1933, the United States was in the midst of the Great Depression. The act proved more effective than NIRA in protecting and guaranteeing employee rights. Scope of Coverage

The NLRA regulates collective bargaining rights and duties for employers, employees, and unions in the private sector, excluding the railway and airline carrier industries. The act grants employees the right to organize and bargain collectively and sets forth the procedures and standards to be applied in the selection of a union as an employee representative and the subsequent relations between the union and the employer. Union Selection

Employees have the right to choose their union representative. Most provisions of the NLRA preempt state law. During an Ongoing Employer-Union Relationship

Both employers and unions are required to bargain collectively and in good faith with one another over "wages, hours of employment, and other terms and conditions of employment." For instance, federal employees generally could not negotiate over wages or benefits and were prohibited from striking. The law is commonly referred to as the Federal Service Labor-Management Relations Statute (FSLMRS). Other Federal Workforce Labor-Relations Statutes and Policies

Although several federal agencies were explicitly excluded from FSLMRS coverage (see " Employer Defined " below), some are covered by separate labor-relations statutes or policies. Those excluded agencies are the Government Accountability Office, the Federal Bureau of Investigation, the Central Intelligence Agency, the National Security Agency, the Tennessee Valley Authority, the Federal Labor Relations Authority, the Federal Impasses Panel, and the U.S. Secret Service. The President has the power to unilaterally exclude an agency or subdivision from coverage under the FSLMRS if he determines the entity's "primary function" is "intelligence, counterintelligence, investigative, or national security work" and that the provisions of the statute cannot be applied "in a manner consistent with national security requirements and considerations." During Union Organization Efforts

The FSLMRS protects employees' right to organize and imposes restrictions on employers and unions during this process. In a bargaining obligation dispute, an agency usually argues that it has no obligation to bargain over a matter because the proposal is already covered by an existing collective bargaining agreement, the union has waived the right to bargain, a change initiated by the agency is too minor to warrant bargaining, or the matter does not cover a condition of employment. These disputes can be resolved through ULP resolution procedures, negotiated grievance procedures, or negotiability appeal procedures.
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.