In October 1994, the Airline unilaterally altered the overtime wage payment practices for mechanics by implementing a new policy for accruing time toward determining overtime pay. The sick leave policy applicable to the represented group was also unilaterally changed. In November 1994, the Union sought a preliminary injunction prohibiting the unilateral changes on the ground that the RLA requires each of the parties engaged in collective bargaining to maintain the status quo until dispute resolution under the RLA is completed. The Union's request for a preliminary injunction was denied, which denial was affirmed in May 1995 on appeal to this Court in AMFA I . A federal mediator was appointed in December 1994.
Negotiations are ongoing.
The Union then sought a declaratory judgment to establish that it had the right under the RLA to respond to the Airline's unilateral actions with self-help in the form of a work stoppage. This appeal followed. The requirement that the parties attempt reasonably to reach agreements without work stoppages operates in concert with three status quo provisions in the Act. The fact that the status quo provisions may not be applicable in certain situations, however, does not negate the obligation of the parties under the RLA to exert every reasonable effort to resolve disputes. 152 Seventh and 156, and requires that any party desiring to effect a change of rates of pay, rules, or working conditions must give thirty days' written notice, during which time the status quo must be maintained.