Mediation Board Ruled That A Majority Of Those Voting Can Decide On Union Representation

The National Mediation Board ruled late last week that it would approve a rules change which could lower the bar for labor groups to organize.

The new rule allows the formation of a union if a simple majority of those voting say they favor the move. Previously, the vote had to be a majority of the entire workforce, whether they voted or not. Labor organizations said that under the old rule, not voting was the same as a "no" vote.

Several unions have expressed support of the rule, including flight attendants and Teamsters. Membership in labor organizations has been on the decline, and the unions see the change as a way to shore up falling membership roles.

But the Air Transport Association of America (ATA), the trade organization for the leading U.S. airlines, says it will file a legal challenge to the new rule. In a statement released Monday, ATA said:
“We continue to believe the National Mediation Board does not have legal authority to implement this rule, one that undoubtedly will lead to more labor discord. It is quite clear to us that the NMB was determined to proceed despite the proposed rule’s substantive and procedural flaws, leaving us no choice but to seek judicial review.”

NMB Elizabeth Dougherty

The New York Times reports that the NMB voted 2-1 in favor of the change, with George W. Bush appointee Elizabeth Dougherty, the board chair, offering a vigorous dissent. She said the change was “an unprecedented departure for the National Mediation Board and represents the most dramatic policy shift in the history of the agency.” The rule change was proposed in October by the AFL-CIO after President Obama appointed Linda Puchala, former head of the flight attendants' union, to the board. That move shifted the panel to a more labor-friendly position.

NMB Linda Puchala

Delta Airlines currently has the least union representation, at about 15 percent. The move could also pave the way for organization of labor forces at smaller airlines such as JetBlue, Republic, and SkyWest.

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