The Railway Labor Act is a United States federal law that governs labor relations in the railroad and airline industries. The Act, enacted in 1926 and amended in 1934 and 1936, seeks to substitute bargaining, arbitration , and mediation for strikes to resolve labor disputes. Its provisions were originally enforced under the Board of Mediation, but they were later enforced under a National Mediation Board.
62-599: In 1877, protests broke out in Martinsburg, West Virginia when the Baltimore and Ohio Railroad (B&O) cut worker pay for the third time in a year. West Virginia Governor Henry M. Mathews sent militia under Colonel Charles J. Faulkner to restore order but was unsuccessful largely because of militia sympathies with the workers. The governor reluctantly called for federal assistance, which restored peace to Martinsburg but proved to be controversial, with many newspapers critical of
124-426: A July daily mean temperature of 75.7 °F (24.3 °C) and 27 days of 90 °F (32 °C)+ readings annually. Precipitation is moderate, with winter being the driest period and May thru July the wettest. Extreme temperatures at Eastern West Virginia Regional Airport range from −18 °F (−28 °C) on January 21, 1994, up to 112 °F (44 °C) on July 11, 1936; an even colder −19 °F (−28 °C)
186-589: A bi-monthly magazine, Around the Panhandle magazine. The city is home to WEPM/1340 AM , WRNR/740 AM , WICL/95.9 FM , WLTF/97.5 FM , and WVEP/88.9 FM radio stations. Martinsburg is home to W08EE-D Channel 8 ( West Virginia Public Broadcasting ) and WWPX 60 ( ION ), all part of the Hagerstown sub-market that is further grouped under the Nielsen-designated Washington, D.C.-Hagerstown, Md. market,
248-661: A general merchandise store. After the Civil War began, Benjamin joined the Second Virginia Infantry, which was part of the Stonewall Brigade. His wife Mary was thus in charge of the Boyd home when Union forces under General Robert Patterson took Martinsburg. When a group of Patterson's men tried to raise a Union flag over the Boyd home, Mary refused. One of the soldiers, Frederick Martin, threatened Mary, and Belle shot him. She
310-519: A government-appointed Board of Mediation to attempt to resolve those disputes that board of adjustment could not. The RLA promoted voluntary arbitration as the best method for resolving those disputes that the Board of Mediation could not settle. Congress strengthened the procedures in the 1934 amendments to the Act, which created a procedure for resolving whether a union had the support of the majority of employees in
372-477: A lawful strike but may not, however, discharge them except for misconduct or eliminate their jobs to retaliate against them for striking. It is not clear whether the employer can discharge workers for striking before all of the RLA's bargaining and mediation processes have been exhausted. The employer must also allow strikers to replace replacements hired on a temporary basis and permanent replacements who have not completed
434-519: A nephew of Thomas Fairfax, 6th Lord Fairfax of Cameron . Aspen Hall , a Georgian mansion, is the oldest house in the city. Part was built in 1745 by Edward Beeson, Sr. Aspen Hall, and its wealthy residents had key roles in the agricultural, religious, transportation, and political history of the region. Significant events related to the French and Indian War , the Revolution, and the Civil War took place on
496-467: A new contract is ratified by the union members or either side exercises "self-help," which could be a strike by employees or a lockout by management. Before this can happen, the NMB-appointed mediator must declare an impasse in negotiations, which starts a 30-day cooling off period, during which negotiations continue. Once the 30-day period has passed, either side is free to exercise self-help, unless
558-590: A part of the Veterans Administration (VA). The VA Medical Center in Martinsburg still provides care to United States veterans. Due to restructuring beginning in the late 1940s and continuing through the 1970s, many of the mills and factories operating in Martinsburg shut down and went out of business, dealing a major blow to the local economy. Jobs were moved to the Deep South and later offshore. Martinsburg
620-577: A particular "craft or class", while turning the Board of Mediation into a permanent agency, the National Mediation Board (NMB), with broader powers. Congress extended the RLA to cover airline employees in 1936. Unlike the National Labor Relations Act (NLRA), which adopts a less interventionist approach to the way the parties conduct collective bargaining or resolve their disputes arising under collective bargaining agreements,
682-475: A union claims to represent a carrier's employees. The NMB defines the craft or class of employees eligible to vote, which almost always extends to all of the employees performing a particular job function throughout the company's operations, rather than just those at a particular site or in a particular region. A union seeking to represent an unorganized group of employees must produce signed and dated authorization cards or other proof of support from at least 50% of
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#1732845306118744-486: A union during employment), and required both sides to maintain the status quo during any arbitration proceedings and for three months after an award was issued. The arbitration procedures were rarely used. A successor statute, the Newlands Labor Act of 1913, which created the Board of Mediation, proved to be more effective. It was largely superseded when the federal government nationalized the railroads in 1917, after
806-428: Is approximately 18 miles (29 km) southwest of Hagerstown , 73 miles (117 km) west of Baltimore , 63 miles (101 km) northwest of Washington, D.C. , and 134 miles (216 km) east of Morgantown . U.S. Route 11 runs through the center of town, and Interstate 81 passes along the northern side of the town. Martinsburg is 212 miles (341 km) distant from the state capital of Charleston. However, it
868-478: Is closer to no less than five other state capitals: Harrisburg PA - 80 miles (130 km), Annapolis MD - 85 miles (137 km), Dover DE - 132 miles (212 km), Richmond VA - 135 miles (217 km), and Trenton NJ - 179 miles (288 km). According to the United States Census Bureau , the city has a total area of 6.67 square miles (17.28 km ), of which 6.65 square miles (17.22 km )
930-586: Is handled through the "Section 6" process, named for the section of the Act that describes the bargaining process. The railroad carriers have formed a coalition for national handling of Railway Labor Act bargaining under Section 6, named the National Carriers Conference Committee (NCCC). The railroad unions also form coalitions of various unions to increase bargaining power in the Section 6 process. Carriers may lawfully replace strikers engaged in
992-607: Is home to two hospitals, namely the Berkeley Medical Center and the Martinsburg Veterans Affairs Medical Center . National Mediation Board The National Mediation Board (NMB) is an independent agency of the United States government that coordinates labor-management relations within the U.S. railroads and airlines industries. The board was established by the 1934 amendments to
1054-428: Is land and 0.02 square miles (0.05 km ) is water. Martinsburg lies in the transitional area between humid subtropical climate ( Köppen Cfa ) and humid continental climatic zones (Köppen Dfa ), with four distinct seasons. Winters are cool to cold, with a January daily mean temperature of 32.4 °F (0.2 °C) and an average annual snowfall of 26.1 inches (66 cm), while summers are hot and humid with
1116-564: Is located downtown at 229 East Martin Street. MARC , Maryland's commuter rail system, operates trains on weekdays on its Brunswick Line which terminates in Martinsburg. Service is provided to Washington Union Station in Washington, D.C. Eastern Panhandle Transit Authority (EPTA) operates public bus transit routes in Martinsburg, surrounding Berkeley County, and neighboring Jefferson County, West Virginia . Eastern WV Regional Airport , south of
1178-462: Is the main north–south highway through the region. I-81 connects northward to Hagerstown and Harrisburg , and continues southward to Winchester and Roanoke . U.S. Route 11 , the former primary regional north–south highway, now serves as a local service road to I-81, and travels through downtown Martinsburg. The main highway serving regional east–west travel is West Virginia Route 9 . From Martinsburg eastwards, WV 9 follows an expressway, connecting
1240-517: The Esch–Cummins Act (Transportation Act of 1920). The RLB soon destroyed whatever moral authority its decisions might have had in a series of decisions. In 1921, it ordered a twelve percent reduction in employees' wages, which the railroads were quick to implement. The following year, when shop employees of the railroads launched a national strike , the RLB issued a declaration that purported to outlaw
1302-573: The Great Railroad Strike of 1877 . Congress later passed the Arbitration Act of 1888, which authorized the creation of arbitration panels with the power to investigate the causes of labor disputes and to issue non-binding arbitration awards. The Act was a complete failure since only one panel was ever convened under the Act: in the case of the 1894 Pullman Strike , it issued its report only after
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#17328453061181364-632: The President authorizes a Presidential Emergency Board, which issues non-binding recommendations followed by another 30-day cooling off period. The US Congress also has the power to impose a contract, as they did for railroads in 2022 . The Board is composed of three members, nominated by the President of the United States , with the advice and consent of the Senate , for terms of three years. The terms are staggered, so one term expires on July 1 every year. At
1426-624: The Railway Labor Act of 1926 and is headed by a three-person panel of Presidential appointees. NMB programs provide an integrated dispute resolution process to meet the statutory objective of minimizing strikes and other work stoppages in the airline and railroad industries. The NMB's integrated processes specifically are designed to promote three statutory goals: Under the Railway Labor Act, an airline or railroad union contract does not expire; it remains in force and amendable until
1488-794: The sixth-most populous city in the state. It is a principal city of the Hagerstown–Martinsburg metropolitan area extending into Maryland , which had 293,844 residents in 2020. Martinsburg was established by an act of the Virginia General Assembly that was adopted in December 1778 during the American Revolutionary War. Founder Major General Adam Stephen named the gateway town to the Shenandoah Valley along Tuscarora Creek in honor of Colonel Thomas Bryan Martin ,
1550-545: The American Civil War. According to William Still , "The Father of the Underground Railroad " and its historian: Mr Robert Brown, alias Thomas Jones, escaped from slavery in Martinsburg on Christmas night in 1856. He rode a horse and had it swim across the freezing Potomac River. After riding forty miles, he walked in cold wet clothes for two days, to Harrisburg, Pennsylvania . He received assistance there from
1612-596: The Apollo Civic Theatre was completed in 1913. Over one thousand (1,039) men from Berkeley County participated in World War I. Of these, forty-one were killed, and twenty-one were wounded in battle. A monument to those who fell in battle was erected in Martinsburg in 1925. During World War II, the Newton D. Baker Hospital in Martinsburg treated thousands of soldiers wounded in the war. In 1946 this military hospital became
1674-580: The Constitution's prohibition in Article I, Section 9 against bills of attainder , because they are not a punishment for specific people. Martinsburg, West Virginia Martinsburg is a city in and the county seat of Berkeley County, West Virginia , United States. The population was 18,773 at the 2020 census , making Martinsburg the largest city in the Eastern Panhandle of West Virginia and
1736-487: The NLRA. The RLA categorizes all labor disputes as either "major" disputes, which concern the making or modification of the collective bargaining agreement between the parties, or "minor" disputes, which involve the interpretation or application of collective bargaining agreements. Unions can strike over major disputes only after they have exhausted the RLA's "almost interminable" negotiation and mediation procedures. They cannot, on
1798-559: The NLRA. The NMB can order a rerun election if it determines that either an employer or union has interfered with employees' free choice. Unlike the NLRA, which gives the NLRB nearly exclusive power to enforce the Act, the RLA allows employees to sue in federal court to challenge an employer's violation of the Act. The courts can grant employees reinstatement and backpay, along with other forms of equitable relief. At least one court has ruled that imposition of railroad contract terms does not violate
1860-472: The RLA specifies both (1) the negotiation and mediation procedures that unions and employers must exhaust before they may change the status quo and (2) the methods for resolving "minor" disputes over the interpretation or application of collective bargaining agreements. The RLA permits strikes over major disputes only after the union has exhausted the RLA's negotiation and mediation procedures and bars almost all strikes over minor disputes. The RLA also authorizes
1922-719: The US entered World War I . (See United States Railroad Administration .) The Adamson Act , enacted in 1916, provided workers with an eight-hour day at the same daily wage they had received previously for a ten-hour day, and it required time-and-a-half pay for overtime work. Another law enacted that year, amid increasing concerns about the war in Europe, gave US President Woodrow Wilson the power to "take possession of and assume control of any system of transportation" for transportation of troops and war material. Wilson exercised that authority on December 26, 1917. While Congress considered nationalizing
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1984-654: The Underground Railroad and traveled by train to Philadelphia , and the office of William Still with the Pennsylvania Anti-Slavery Society . Brown's wife and four children had been sold; he sought help to find them. He had a likeness of his wife, and locks of hair from each of them. In 1854, ten-year-old Isabelle Boyd , known as "Belle" and later a noted spy for the Confederacy, moved to Martinsburg with her family, where her father Benjamin operated
2046-399: The age of 18 living with them, 35.3% were married couples living together, 15.0% had a female householder with no husband present, 6.0% had a male householder with no wife present, and 43.7% were non-families. Of all households, 35.4% were made up of individuals, and 12.6% had someone living alone who was 65 years of age or older. The average household size was 2.32 and the average family size
2108-403: The average family size was 2.92. In the city, the population was spread out, with 23.1% under the age of 18, 9.6% from 18 to 24, 28.7% from 25 to 44, 22.3% from 45 to 64, and 16.4% who were 65 years of age or older. The median age was 37 years. For every 100 females, there were 91.0 males. For every 100 females age 18 and over, there were 88.6 males. The median income for a household in the city
2170-470: The city to Charles Town and Leesburg . WV 9 follows US 11 through downtown Martinsburg. To the west, WV 9 continues to Berkeley Springs and Paw Paw . West Virginia Route 45 is the other state highway serving Martinsburg. WV 45 extends westward into rural areas of western Berkeley County, and continues eastward to Shepherdstown . Amtrak provides service to Martinsburg on its Washington-Chicago Capitol Limited route. The city's passenger rail station
2232-413: The city, handles general aviation and Shepherd Field Air National Guard Base is located at this airport. The closest airport with commercial air service is Hagerstown Regional Airport , that is about 25 miles (40 km) driving distance north. The closest international airport is Washington Dulles International Airport near D.C., which is about 60 miles (97 km) driving distance east. Martinsburg
2294-423: The city. The population density was 2,977.4 inhabitants per square mile (1,149.6/km ). There were 7,432 housing units at an average density of 1,478.0 per square mile (570.7/km ). The racial makeup of the city was 83.9% White , 11.6% African American , 0.4% Native American , 0.9% Asian , 0% Pacific Islander , 1.3%% from other races , and 2.2% from two or more races. Hispanic or Latino of any race were 2.9% of
2356-419: The courts to enjoin strikes if the union has not exhausted those procedures. On the other hand, the RLA imposes fewer restrictions on the tactics that unions may use when they do have the right to strike. The RLA, unlike the NLRA, allows secondary boycotts against other RLA-regulated carriers and permits employees to engage in other types of strikes, such as intermittent strikes, that might be unprotected under
2418-595: The craft or class. A party attempting to oust an incumbent union must produce evidence of support from a majority of the craft or class and then the NMB must conduct an election. If the employees are unrepresented and the employer agrees, the NMB may certify the union based on the authorization cards alone. The NMB usually uses mail ballots to conduct elections, unlike the National Labor Relations Board (NLRB), which has historically preferred walk-in elections under
2480-661: The decades. In 1992 it was purchased by the Berkeley County Historical Society. The historical society renovated the building and now operates it as the Berkeley County Museum. It is also known as the Belle Boyd House. Residents of West Virginia were split in their allegiance during the war, with half of its soldiers serving in the Confederate army. The vote to create a new state in western Virginia
2542-516: The governor's characterization of the strikes as an "insurrection", rather than an act of desperation. One notable paper recorded a striking worker's perspective that he "had might as well die by the bullet as to starve to death by inches." A day after federal troops had restored order in Martinsburg, similar protests erupted in Maryland and spread to New York, Pennsylvania, Illinois, and Missouri. The strikes, which lasted six weeks, would come to be known as
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2604-602: The longest-made known cars to be built in the state of West Virginia. Major League Baseball Hall of Famer Hack Wilson began his storied professional career in his adopted hometown with the Martinsburg Blue Sox , a low-level minor-league baseball team. Wilson would go on to set the yet-to-be-broken major league record for RBI in a season (191) with the Chicago Cubs in 1930. After his playing career ended in 1935, Hack went back home to Martinsburg, played some ball with
2666-455: The ninth largest market in the nation. Martinsburg was the setting of the X-Files episode " Small Potatoes " (Season 4, episode 20). However, the filming did not take place in the vicinity. Martinsburg was also the setting for the reality television series Gypsy Sisters on TLC . Martinsburg is served by several significant highways. The most prominent of these is Interstate 81 , which
2728-420: The other hand, strike over minor disputes, either during the arbitration procedures or after an award is issued. The federal courts have the power to enjoin a strike over a major dispute if the union has not exhausted the RLA's negotiation and mediation procedures. The Norris-LaGuardia Act dictates the procedures that the court must follow. Once the NMB releases the parties from mediation, however, they retain
2790-409: The population. There were 6,684 households, out of which 24.9% had children under the age of 18 living with them, 36.7% were married couples living together, 13.7% had a female householder with no husband present, and 44.8% were non-families. 37.6% of all households were made up of individuals, and 15.2% had someone living alone who was 65 years of age or older. The average household size was 2.21 and
2852-422: The power to engage in strikes or lockouts, even if they subsequently resume negotiations or the NMB offers mediation again. The federal courts likewise have the power to enjoin a union from striking over arbitrable disputes, that is minor disputes. The court may, on the other hand, also require the employer to restore the status quo as a condition of any injunctive relief against a strike. Major dispute bargaining
2914-469: The property. Three original buildings are still standing, including the rare blockhouse of Mendenhall's Fort. The first United States post office in what is now West Virginia was established at Martinsburg in 1792. At that time, Martinsburg and the larger territory were still part of Virginia . The Baltimore and Ohio Railroad (B&O) reached Martinsburg in 1842. The Baltimore and Ohio Railroad Martinsburg Shops were constructed in 1849 and rebuilt after
2976-544: The protests, Governor Henry M. Mathews called for federal troops. By the time these troops had restored order, the protest of the rail company had spread across the country. Telephone service was established in Martinsburg in 1883. In 1889, electricity began to be furnished to Martinsburg as part of a franchise granted to the United Edison Manufacturing Company of New York. The Interwoven Mills began operations in Martinsburg in 1891. Construction of
3038-468: The railroads on a permanent basis after the war, the Wilson administration announced that it was returning the railroad system to its owners. However, Congress tried to preserve, the most successful features of the federal wartime administration, which were the adjustment boards, by creating a Railroad Labor Board (RLB) with the power to issue nonbinding proposals for the resolution of labor disputes, as part of
3100-518: The strike had been ended by a federal court injunction , backed by federal troops. Congress attempted to correct the shortcomings in the Erdman Act , enacted in 1898. The Erdman Act likewise provided for voluntary arbitration but made any award issued by the panel binding and enforceable in federal court. It also outlawed discrimination against employees for union activities, prohibited " yellow dog contracts " (in which an employee agreed not to join
3162-479: The strike, and the US Department of Justice obtained an injunction that carried out that declaration. From then on, railway unions refused to have anything to do with the RLB. The RLA was the product of negotiations between the major railroad companies and the unions that represented their employees. Like its predecessors, it relied on boards of adjustment, established by the parties, to resolve labor disputes, with
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#17328453061183224-485: The town's semipro team and opened a recreation and pool hall in town with a partner. He later moved to Baltimore in 1941 where he later died November 23, 1948. Originally scheduled to be interred in Baltimore, Wilson was buried — in a donated plot — in Martinsburg, Martinsburg has one daily community newspaper, The Journal and also is regionally covered by The Herald-Mail out of Hagerstown, Maryland . Martinsburg has
3286-411: The training required before they can become active employees. The employer may, on the other hand, allow less senior employees who crossed the picket line to keep the jobs they were given after crossing the line, even if the seniority rules in effect before the strike would have required the employer to reassign their jobs to returning strikers. The NMB has the responsibility for conducting elections when
3348-744: The two Enterprise Computing Centers of the Internal Revenue Service (the other is in Memphis, Tennessee ), processes most of the country's electronically filed tax documents from businesses , and about one-third of electronically filed tax returns . The area is also home to the 167th Airlift Wing of the West Virginia Air National Guard , based in Eastern WV Regional Airport . Martinsburg had its own automobile company from 1912 to 1922, called Norwalk, which assembled
3410-470: Was $ 29,495, and the median income for a family was $ 36,954. Males had a median income of $ 29,697 versus $ 22,212 for females. The per capita income for the city was $ 16,314. About 14.7% of families and 20.0% of the population were below the poverty line , including 28.8% of those under age 18 and 15.1% of those age 65 or over. Major private employers in and around Martinsburg include Quad/Graphics , Ecolab , Orgill, Macy's , and FedEx . In February 2015, it
3472-472: Was 2,590.5 inhabitants per square mile (1,000.2/km ). There were 8,408 housing units at an average density of 1,264.4 per square mile (488.2/km ). The racial makeup of the city was 77.5% White , 14.9% African American , 0.4% Native American , 1.2% Asian , 0.1% Pacific Islander , 2.3% from other races , and 3.7% from two or more races. Hispanic or Latino of any race were 6.2% of the population. There were 7,293 households, of which 29.6% had children under
3534-400: Was 3.00. The median age in the city was 37 years. 23.3% of residents were under the age of 18; 8.6% were between the ages of 18 and 24; 28.3% were from 25 to 44; 26.3% were from 45 to 64; and 13.4% were 65 years of age or older. The gender makeup of the city was 48.8% male and 51.2% female. As of the census of 2000, there were 14,972 people, 6,684 households, and 3,689 families residing in
3596-404: Was 4.8% of the population. The median household income (in 2019 dollars) was $ 42,835. The per capita income was $ 24,970. 29.5% of the population is recorded as being in poverty. 88.5% of households had a computer, with 77.9% having access to broadband internet. As of the census of 2010, there were 17,227 people, 7,293 households, and 4,106 families residing in the city. The population density
3658-481: Was acquitted. She soon became involved in espionage, sending information to Confederate generals Thomas "Stonewall" Jackson and J.E.B. "Jeb" Stuart . Often she was helped by Eliza Corsey, a Boyd family slave whom Belle had taught to read and write. In 1863, Belle was arrested in Martinsburg by the Union Army and imprisoned. Boyd's Greek Revival home, which he had built in 1853 and sold in 1855, had numerous owners over
3720-497: Was announced that Procter & Gamble planned to build a $ 500 million facility near the city. The city also has numerous federal government employers, including the Internal Revenue Service (IRS), U.S. Coast Guard C5ISC-Kearneysville, U.S. Coast Guard National Maritime Center, Bureau of Alcohol, Tobacco, Firearms, and Explosives , and the Martinsburg VA Medical Center . The Martinsburg IRS Facility, one of
3782-424: Was recorded in the city on January 14, 1912. As of the census of 2020, there were 18,777 people residing in the city, living in 7,179 total households. The population density was 2,591.7 inhabitants per square mile. The racial makeup of the city was 79.9% White , 13.9% African American , 0.1% Native American , 1.3% Asian , 0.0% Pacific Islander , and 3.1% two or more races. Hispanic or Latino of any race
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#17328453061183844-541: Was very low, but statehood was approved by Congress and President Lincoln, and the new state was admitted to the Union on June 20, 1863. The city of Martinsburg was incorporated by an act of the new West Virginia Legislature on March 30, 1868. Martinsburg became a center of the railroad industry and its workers. The Great Railroad Strike of 1877 began July 14, 1877, in this city at the Baltimore and Ohio Railroad Martinsburg Shops . After several unsuccessful attempts to quell
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