Contracts (CBAs)
Q&A: Employee Contracts & Collective Bargaining under the RLA
What is a contract?
A contract is a legally binding agreement between two parties that creates an obligation to perform or not perform specific actions. It involves an exchange of promises, with each party providing something of value, and outlines the terms and conditions of the agreement. Contracts are used in everything from business deals to buying a house – and also in jobs.
What is the Railway Labor Act (RLA)?
The RLA is a U.S. federal law governing labor relations in the railroad and airline industries. Among other things, it grants employees the right to self-organize or to form, join, or assist labor organizations and to bargain collectively over wages, rules, and working conditions.
Is SkyWest Airlines governed under the RLA?
Yes. SkyWest Airlines, and all other U.S. airlines, are governed by the RLA when it comes to labor relations. This is different than the National Labor Relations Act (NLRA), which is the U.S. federal law governing labor relations in other private sector industries.
What does “collective bargaining” mean?
Collective bargaining is the negotiation process between a company and an employee representative group. Both parties are required to bargain in good faith to reach an agreement on employment terms such as rates of pay, work rules, and working conditions. The end result is a legal contract that outlines the employment terms both sides agree upon, called a collective bargaining agreement.
How is collective bargaining regulated?
Collective bargaining in the airline industry is governed by the RLA, administrative agency regulations, and judicial decisions. This means there are certain rules about the process that both sides must adhere to.
What is a Collective Bargaining Agreement (CBA)?
A CBA is a legally binding contract outlining the agreed-upon employment terms that result from negotiations between an employee representative group and an employer. It typically addresses subjects such as wages, working hours, scheduling, benefits, dispute resolution procedures and other employment-related matters. SkyWest’s CBAs with our employee representative groups have been upheld by courts multiple times as legal and binding contracts.
What is the difference between a contract and CBA?
A CBA is a type of specialized contract that deals specifically with employment terms and conditions for a defined group of employees. Since they are contracts, CBAs are legally binding agreements that create an obligation to perform or not perform specific actions.
Does SkyWest have CBAs/contracts with its work groups?
Yes! SkyWest negotiates CBAs, or contracts, with employee representatives from each of our operational workgroups. They are legally enforceable. SkyWest’s CBAs have been upheld multiple times by courts as legal and binding contracts.
Can either party change a CBA whenever they want?
No. Because CBAs are legally binding, they cannot be changed on a whim. However, in contrast to national labor unions, SkyWest employee representative groups routinely negotiate CBA improvements with the company rather than wait years for enhancements.
Myth vs. Fact
SkyWest negotiates CBAs, or contracts, with employee representatives from each of our operational workgroups. Once ratified, they are legally enforceable. SkyWest’s CBAs have been upheld multiple times by courts as legal and binding contracts. Changes to SkyWest’s crewmember CBAs (contracts) must be negotiated with the employee representative group and cannot be done solely by the company. SkyWest employee representatives (who are elected by fellow SkyWest crewmembers) can routinely negotiate CBA improvements with the company. In contrast, crewmembers at union-backed airlines are generally unable to make contract improvements for the duration of their contracts (up to 4-6 years) and in some cases remain on the same contract for up to 10 years while they wait on the outside third party, whose pay is not dependent on contract improvements, for enhancements. SkyWest’s crewmember contracts (CBAs) ensure all SkyWest crewmembers have the right to a fair and consistent grievance process and include robust protections from wrongful termination.
Bottom line: Any claim that suggests SkyWest crewmembers do not have “real contracts” is a blatant lie, intended to distract from the fact that SkyWest people enjoy contracts that offer the best overall pay and work rules in the industry.