NMB announces rule change for railroad, airline organizing
(The following story by Mike Esterl appeared on the Wall Street Journal website on May 10, 2010.)
NEW YORK The National Mediation Board overhauled a decades-old election rule to make it easier for airline and railway employees to unionize, in a sign that labor is getting a more favorable hearing at the federal agency under the Obama administration.
The rule change, which was published online Monday in the Federal Register, has been opposed by the airline and rail industries and could still face legal challenges. More than 570,000 workers are employed by railroads and airlines, more than two-thirds of whom already are unionized.
The overhaul would affect tens of thousands of workers at Delta Air Lines Inc., the world's largest airline, who are gearing up for unionization votes. Some smaller airlines with little or no unionization, including JetBlue Airways Corp., also could see organized labor get a larger foothold. Railways are more unionized, and would be less affected.
Under an interpretation of the Railway Labor Act dating to 1934, aviation and rail workers who don't vote on whether to form a union have been counted as "no'' votes. That means a union could not be approved without a full majority of employees voting yes.
Under the National Labor Relations Act governing other industries, a union can be created if a majority of all votes cast are in favor of collective bargaining. In such elections, nonvotes don't count.
The rule change by the NMB mandates that unionization votes for air and rail workers be tallied in the same manner as in other industries.
It comes after a White House appointment shifted the balance of the government agency's three-person board. Linda Puchala, a former flight attendant union leader, replaced Read Van de Water, a former Northwest Airlines lobbyist, last year. She joined Harry Hoglander, a former pilot union leader appointed in 2002.
The NMB regulates labor relations in aviation and rail.
Teamsters applaud NMB rule change making it fairer for airline, railway employees to form unions
WASHINGTON, D.C. Teamsters General President Jim Hoffa today applauded the National Mediation Board for changing a federal rule that now makes it fairer for airline and railway employees to form unions.
The rule change was published online today in the Federal Register and affects more than 570,000 airline and railway employees. The rule change allows workers to form a union if a majority of the employees who vote support it.
Workers who want to form unions are looking for job security and peace of mind. By changing the rule, the NMB has leveled the playing field, giving workers a fairer chance to form unions, Hoffa said. Im pleased with this decision by the NMB and Im proud of the work the Teamsters Union has done to ensure this change happened.
Hoffa added that the rule change brings union elections up to modern standards of democratic election law. It allows workers the right to sit out an election if they choose. Under the old rule, workers sitting out an election were viewed as casting no votes.
The NMB is a federal agency created in 1934 under the Railway Labor Act to oversee labor relations in the railroad and airline industries.
The International Brotherhood of Teamsters was founded in 1903 and represents 1.4 million hardworking men and women in the United States, Canada and Puerto Rico.
(The following story by R.G. Edmonson appeared on The Journal of Commerce website on May 10, 2010.)
WASHINGTON, D.C. In a victory for labor attempts to organize transportation workers, the National Mediation Board said it will now determine a majority in a unionization election based on the votes cast and no longer base the results on a companys entire workforce.
The new rule on railroad and airline employees could have an impact on efforts to organize workers at FedEx, where labor has targeted non-union express workers.
The rule could also affect employees at Delta Air Lines and JetBlue, said Edward Wytkind, president of the Transportation Trades Department of the AFL-CIO.
The rule levels the playing field that has been uneven for far too long, Wytkind said.
The NMB has so far counted all employees of a company among votes in an organization effort, tallying those not casting ballots as votes against the unionization.
The Air Transport Association said Monday it would seek judicial review of the NMBs rule.
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, the ATA said. It is quite clear to us that the NMB was determined to proceed despite the proposed rules substantive and procedural flaws, leaving us no choice but to seek judicial review.
The NMBs rules change will appear in Tuesdays Federal Register, and will take effect in 30 days. The board issued its proposed rule last November. The board voted 2-1 for the rule with Chairman Elizabeth Dougherty dissenting.
