Legal Question in Employment Law in California

Workers rights under Railway Labor Act

How can a wrongfully discharged railroad employee, represented by a union, get beyond the constraints of the Railway Labor Act? Is it true, that I have no legal rights or recourse beyond the arbitration process? Does a railroad employee have to be represented by a union representative, who has no legal background or education? How are facts determined under arbitration when testimony presented is not under oath? Have all railroad employees lost rights to remedy in civil court, afforded to everone else in this country, due to the Railway Labor Act?


Asked on 4/10/98, 2:16 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Unionized Employee's Rights

Unionized employees have limited rights to file wrongful discharge claims. The Union contract procedure will set out the method for resolving such claims. In the case of statutory claims (such as discrimination claims), you may have some rights to file a civil action. You may want to seek counsel who can advise you regarding your particular situation

The above is meant to assist in a general understading of the subject matter. IT IS NOT TO BE REGARDED AS LEGAL ADVICE AND NO ATTORNEY - CLIENT RELATIONSHIP HAS BEEN ESTABLISHED. Companies and individuals with particular questions should seek advice of counsel.

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Answered on 4/29/98, 6:14 pm


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