After Section 6 notices are served, labor and management negotiating teams engage in direct (i.e., unmediated) discussions regarding the proposed changes to agreements. The parties may pursue direct bargaining for as long as they mutually desire. Direct bargaining concludes when one of four actions occurs:

1. The parties reach agreement,
2. Either side unequivocally terminates negotiations,
3. A party requests mediation under the auspices of the National Mediation Board (NMB), an independent federal agency that facilitates the resolution of labor management disputes within the nation’s railroad and airline industries, or
4. The NMB proffers mediation on its own accord.

The freight rail industry’s negotiations generally have been conducted on a national, multi-employer basis, though some topics are handled in local-level bargaining directly between carriers and individual rail unions. During the national negotiations process, the National Carriers’ Conference Committee (NCCC) represents the largest (Class I) railroads and many smaller carriers. The NCCC is a multi-employer committee led by the chairman of the National Railway Labor Conference. The vast majority of freight rail employees are represented by 12 major rail unions, which sometimes bargain in coalitions.