Thu, May 13, 2010
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.
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