ATW Daily News

National Mediation Board proposes rule change on airline unionization votes

Tuesday November 3, 2009

The US National Mediation Board yesterday issued a proposed rule change that would allow an airline work group to unionize if a majority of those casting ballots in a union-certification vote approve, potentially lowering the threshold for unionization.

Under a longstanding interpretation of the Railway Labor Act that governs railway and airline labor law in the US, NMB only certifies a union to represent a work group if a majority of the work group's total members vote "yes" in a union-representation ballot, effectively giving equal standing to "no" votes and those that abstain. NMB stated that its proposed rule change "will provide a more reliable measure/indicator of employee sentiment" and "discourage employee non-participation."

It added that "assigning those who choose not to vote a role in determining the outcome. . .[is] not practiced [in other contexts] in our democratic system." The proposal, which must go through a 60-day public comment period before it can be enacted, is supported by two of the three NMB members including Linda Parchala, a former Assn. of Flight Attendants president who was confirmed May 21 to serve on the board following her appointment by President Barack Obama.

NMB Chairman Elizabeth Dougherty, an adviser to former President George W. Bush on labor and transportation issues who was appointed to the board in 2006, dissented from the proposal, questioning both the virtue of the rule alteration and whether NMB even can enact it. "Making the change would be an unprecedented event in the history of the NMB. . .this independent agency has never been in the business of making controversial, one-sided rule changes at the behest of only labor or management." She added that a "serious question exists" regarding NMB's "statutory authority" to enact the rule change.

"We agree with. . .Dougherty that the proposal is a radical departure from longstanding and consistently applied rules," Air Transport Assn. President and CEO James May said.

One immediate effect of the rule change likely would be a boost to the International Assn. of Machinists in its effort to unionize 14,000 fleet service employees at Delta Air Lines. IAM late Friday withdrew its application to NMB for a union-representation vote at DL, which accused the union of trying to delay the vote until after NMB changes the rule. "The timing of the IAM's action is suspicious considering it is taking place days before the NMB publishes its proposal to change the longstanding majority voting rules," DL said Friday.

The airline said yesterday that the proposed change would mark "a stunning departure" from NMB's historic approach to airline management-labor relations.

by Aaron Karp

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