§ 2.4.11 DUTY TO BARGAIN.

• Jurisdiction: Arizona

§ 2.4.11 Duty to Bargain. Once a labor organization is certified by the NMB, the carrier is to negotiate with the representative. The law does not compel agreement, but it requires a reasonable effort to resolve differences.⁵⁵ The duty imposed on carriers and unions by Section 2, which requires the parties to exert reasonable effort to obtain agreement, is enforceable in the courts.⁵⁶

The duty of a carrier to negotiate with a certified representative of its employees regarding pay, rules, and working conditions arise under Section 2, Ninth. It carries the corollary duty not to deal with any other purported representative.⁵⁷ The RLA requires the parties to try to make and maintain agreements regarding pay, rules, and working conditions. This duty, which the Supreme Court has called "the heart of the Railway Labor Act,"⁵⁸ is a judicially enforceable obligation applicable to both carriers and unions. The duty resembles...