Mr. Nerode, having spent three years of my eleven year railroad career in Labor Relations, I can assure you that "failure to represent" is a provision under the Landrum-Griffin Act:
But... it's not. I literally read the entire act. Then I text-searched both "failure" and "represent" in case I'd overlooked it. It's not there.
Maybe it's in a different act and people are a little bit sloppy about the reference? Is it in the Railway Labor Act, which I did not read? Is it in Taft-Hartley? Is it in some later amendment or addendum to the act?
Or perhaps is it in some set of regulations issued pursuant to the act under some particular interpretation of the law? Or some "interpretive ruling" by some administrative board, or by some judge? Because there are a lot of rules in that law about how unions are supposed to operate, mostly about union elections and restrictions on usage of union funds, but I found *nothing* in the text of the law requiring unions to fund defenses of admitted criminal activity.
Because this matters. If the supposed "failure to represent" claim isn't actually in the *law text* but is an invention of one of the administrative boards, it's something whose scope can be restricted by the courts. And they would do it in a case like this if Amtrak pushed it.
Even though the Railway Labor Act was enacted prior to the "Trilogy" (Wagner, Taft-Hartley, Landrum-Griffin), the Trilogy has jurisdiction over railroad labor relations to the extent that the Act's provisions do not conflict with the Trilogy.
Now a word on the "Boards" under the Act. The (RLA) Act established the National Railroad Adjustent Board, which was divided into four Divisions to adjudicate cases final and binding along craft lines. However, the load of cases exceeded the Board's capacity to make timely adjudications of matters regarding work rules and discipline, so there was enacted legislation establishing Boards of arbitration, known within the industry known as Public Law Boards.
While I am removed from the industry and my second career for now 36 years (third career was as a CPA in private practice from which I retired during '03, first military service), I hope this helps.
Edited by neroden, 29 November 2017 - 11:49 PM.