Rules Vote Not Cast Should Not Count As 'No'

The U.S. Court of Appeals for the District of Columbia Circuit has upheld new labor rules that make it easier for unions to form at airlines ... an issue which has been largely credited with stalling a long-term funding bill for the FAA.

Under the rules put in place last year, union membership was based on the number of votes cast, rather than the number of eligible voters. Under the old rules, a note not cast was considered to be a "no" vote in determining how many preferred union representation. Under the new rules, votes not cast are not counted.

The Hill reports that House Republicans had pushed for a return to the previous rules, and attached the change as an amendment to the FAA reauthorizaion bill. The union fight was seen as the principal reason that the FAA was shut down for a brief time this summer.

The National Mediation Board, which makes the labor rules, appealed to the courts which found on Friday that it was within its rights to put the new ballot-counting procedure in place. In the 38-page ruling, the court majority said “The fact that a majority of eligible voters decides to abstain — i.e., not exercise its right — hardly suggests that the majority was deprived of its right. This is how voting rights work." The court compared it to a Presidential election, saying registered voters that do not show up at the polls are not deprived of their right to vote. They only choose not to exercise it.

The AFA-CWA issued a statement shortly following the court's ruling praising the decision. "This decision confirms that the National Mediation Board has full and absolute authority to bring democracy to union elections in their jurisdiction. We urge Congress to move forward with a clean, long-term reauthorization of the Federal Aviation Administration (FAA).

"For too long, ideologues have held up passage of this vital piece of legislation on the hope that they could strip aviation workers of their democratic right of free and fair union elections. Flight Attendants across the country have been on the forefront of this important issue for months, pushing back the tide of union busting provisions that had no place in this bill from the start.

"It is time for Congress to drop this single-minded crusade against workers' right to join a union. We encourage Congress to pass a comprehensive funding bill that allows the FAA to move forward on vital safety and airport improvement projects that will help to enhance the world's greatest aviation system."

FMI: www.nmb.gov, www.afacwa.org