Airlines preparing court challenge to new US labor rule

A group of US airlines led by the Air Transport Assn. is planning an immediate court challenge to a new federal rule that is expected to help unions organize workers.

The US National Mediation Board announced the rule change Monday, finalizing a proposal issued last November (ATWOnline, Nov. 3, 2009). Under the new rule, the board would certify a union election if a majority of those casting ballots vote yes. For more than 75 years, air and rail unions have had to get a majority of all workers who would be represented to vote yes. Critics said the practice unfairly gives an abstention as much weight as a no vote.

But ATA VP-Communications David Castelveter said unions have won 65% of elections held under the Railway Labor Act since1934 and the new rule "unfairly and without justification tips the balance" in their favor. He said a lawsuit will be filed in a US federal court on behalf of some ATA members "in the next few days." According to the organization, carriers planning to participate include Delta Air Lines, United Airlines, AirTran Airways, Alaska Airlines, ABX Air, Astar Air Cargo, Atlas Air, Evergreen International Airlines, FedEx, Hawaiian Airlines and JetBlue Airways.

If the NMB decision stands, DL could be one of the first carriers affected. The International Assn. of Machinists is seeking to unionize 14,000 fleet service employees at the Atlanta-based airline. DL also has nearly 14,000 flight attendants who are not represented by a union.

The Assn. of Flight Attendants said Monday that as soon as the new rule takes effect in one month, it will ask NMB to declare Northwest Airlines and DL "a single transportation system for purposes of flight attendant representation" and schedule an election. The two merged in 2008 and have been operating under a single operating certificate since Jan. 1, but only the 7,000 attendants from NWA are unionized so far.

The machinists union hailed the board's decision and "will evaluate this new rule to determine its impact on several upcoming elections," according to a statement from General VP Robert Roach.

DL said in a statement, "While disappointed, we are not surprised by the majority members' decision in view of the way this rule change has been handled. Given the level of opposition to this change and the process that was used, we expect there will be legal challenges. Delta will join in support of a lawsuit when it is filed."

NMB, which regulates air and rail labor relations, proposed the rule change last November after Linda Puchala joined the three-member panel. Nominated by President Barack Obama, she is a former president of AFA.

Discuss this news 33

11 May00:55

Finally!!! Workers will be

By Anonymous

Finally!!! Workers will be able to unionize using a fair election system.

11 May01:00

I guess this is the Dem's

By Jeff

I guess this is the Dem's payback to the Unions for help in the last election. This is a poor ruling and one that would not only be bad for airlines as a business but also consumers. Unions aren't the answer to what ails the airlines industry - of course, management doesn't have all the answers but we've seen what unions did to the auto industry and the airlines have all gone bankrupt already so what logic does this make? Let's hope the courts overturn this ruling - and fast! As a 20+ year industry employee with both start-up and legacy experience as well as union and non-union carrier experience having more unions isn't the answer.

11 May01:15

The ATA's President is none

By Wendall

The ATA's President is none other than Glenn Tilton, United Airline's CEO. Everyone in America knows what good service his company provides (worst in most recent customer service ratings). He has enriched himself while treating his employee's with the utmost disrespect sacking their pensions and cutting their pay by 40% in bankruptcy. After this, while exiting BK, he attempted to reward himself and his top executives with 15% of the company's reissued new stock (BK judge ruled this excessive and gave them 5%). He has taken millions during the last 6 years but benevolently still managed to give his employees two (whopping) 1% raises during this time period.

He would probably have everyone think he's just a tough manager but since he has publicly stated "Morale is not my problem", employees know different. He would like ALL employees - and especially the unions - under his boot!

11 May01:38

I can vouch for the non-union

By Anonymous

I can vouch for the non-union workers doing a MUCH better job than if they had been unionized. Employees who have supervisors working side by side with them, make better customer service possible. Would I want to be unpaid furlough status and still be required to pay my $59 monthly dues? I THINK NOT!

11 May02:20

As an airline employee with

By Anonymous

As an airline employee with 22 years at the same legacy carrier, I can vouch for the bad decisions that are made by management every day. I am a Union member who will vote YES every time. I have job security and a pension thanks to my Union and if the airlines had their way they would contract out my job.

Airline workers need to wake up and smell the coffee. All the major carriers will contract out their public contact employees' if they are given the opportunity. Then the public will really see what bad service truly is.

11 May03:27

Unions: More money, for less

By Anonymous

Unions: More money, for less work. This is a bad ruling, and I hope it gets reversed. Unions are becoming the bane of any business.

11 May04:01

Jeff, what planet do u live

By Anonymous

Jeff, what planet do u live on. Did u vote for your congressman, senator, president? In most elections, those who don't vote don't count. Why should it be any different? What you're saying is: if u don't vote, that is a NO vote. Ok, let's turn it around, if you don't vote, it's a YES. I am not pro union. I believe that in many instances they breed mediocrity, but this is a fair rule. And by they way, it's not the unions that brought the airline and auto industry to bankruptcy, but very poor management, whom btw have no problem protecting themselves and giving themselves bonues when nit deserved.

11 May04:54

Many supporters of the rule

By Anonymous

Many supporters of the rule focus on it being fair that a withheld vote not be counted as a "no" vote in a certification process. That makes sense and seems fundamentally fair. Unfortunately, no decertification process (fundamentally fair or otherwise) exists in the rule as implemented, so, I have to ask "what's up with that?"

Let's take a look at application of the rule. Assume the following: 7,000 flight attendants in an organization. 1,000 decide to vote during a certification election. 501 vote "yes" to certify. Result -> union in place for all 7,000 flight attendants -> all 7,000 must pay union dues for rest of career and have no "balanced" way to get rid of union representation

Why didn't NMB make decertification part of the rule? Hmm....

A Former Airline Employee

11 May07:54

I am a union worker with a

By Anonymous steve

I am a union worker with a major airline and I have seen many, many times where my carrier has out sourced jobs of long term employees, in some cases 20-30 year loyal employees.
These out sourced employees our forced to work at 2/3 or less of their previous wages with little or no benefits.
This does not happen with a union. In this day with the way greedy corporations conduct business, a union is the only source of job security.

11 May08:45

The obvious back-scratching

By DamDems

The obvious back-scratching that goes on with our current elected officials is turning this country into a joke! The commenter who states that a lack of vote cast does not equal a "yes" vote in any other type of election is spot on! Union election rules are already slanted heavily in favor of the Unions (hence the 65% success rate) so why the need for this?

11 May08:56

The decision is fine as long

By Dave

The decision is fine as long as it works both ways. It should only take 51% of those actually voting to kick the union out. It's been my experience in the last 37 years I've been a union member that the Union takes your money but there is no accountability for how it is spent other than paying senior union officers not to work. In my case my annual union dues actually result in a $1700/year pay cut since I could use that money for my family and get something of value in return; I'm certainly not getting any more job security or compensation than my non-union counterparts where I work.

11 May09:50

I'm in full agreement it

By Jeffrey J.

I'm in full agreement it should work both ways. I too have work both union and non-union jobs at an airline. I have actually seen where non-union working on "merit" can and does recieve a better raise then union workers which breeds mediocrity.

11 May09:50

This decision is horrid.

By Anonymous

This decision is horrid. Unions are just another group of people with their hands out for little in return. There is no job security with a union. These unions are communist/socialist entities. As a union member, I see no benefit for the thousands of dollars they have taken from me. Hope that America can start to throw off the shackles of communism/socialism this fall.

11 May09:57

This "Rule" should have been

By Anonymous

This "Rule" should have been overturned decades ago. But
Big Business (ATA) have too much influence. Just as Flight and Duty Times have not changed in over 50 years!! Even though Aviation has changed 1000%.

It is sad it has taken this long for this insane rule to be overturned. And I don't care about the increase in cost. This is about Fairness. To say a Non Vote is a No Vote is just stupid. And everyone knows it. But managers and families going to Disney want the cheapest Fare possible. And what does this get you, a Colgan Crash in Buffalo.

11 May10:00

We here at Delta air Lines DO

By Robert S

We here at Delta air Lines DO NOT want union.....union wans us so they can legally steal our money and feed their fat bells while we are busting our butts...We can handle ourselves....Please leave us alone

11 May10:22

Welcome to socialism America.

By Anonymous

Welcome to socialism America. There is only one way to stop this illogical anti-free enterprise madness. Vote every single Demacrat out of office in November. Your voice will make a difference in the upcoming November elections. Lets get this mess turned around.

11 May10:36

I'm a Republican just for the

By Anonymous

I'm a Republican just for the record. But this rule is just stupid. And wrong in every fabric of it. the Airlines are just
anti anything that will make them do there job. Just like Tarmac delays. they fought that also. The workers should be able to vote for representation fairly. Just like evey other vote is this country. A non vote SHOULD NOT be counted as a No Vote!

This is not 1935 anymore where we had One railroad or one Airline. The whole RLA needs to be in the trash. If one wants to go to Dallas for example, one has probably 6 or more choices, not one. The RLA is a joke and is only here to help Big Business's bottom line and to line the pockets of upper management. And everyone knows what I say is 100% true.

11 May10:51

Robert S, If Delta doesn't

By rhino

Robert S, If Delta doesn't need the Union on property, explain this. I have two friends, one is a FA at DL the other at SWA. The one at SWA works less days a month but makes over DOUBLE the DL FA. DOUBLE. That just crazy. And it proves that without a union, DL can do what they want, when they want to an employees salary. And this is why soon, DL will be making I predict over a Billion in profits a year. On the workers backs with zero pay raises.

Safety is another issue I could go into, but I'll wait. The airlines will not on there own, increase safety if it means more cost. The unions or the FAA have to force them. Sad.

11 May11:43

I applaud this decision.

By MCOflyguy

I applaud this decision. It's about time that democracy has come to the air and railway work groups. How can a country that prides itself on being the leader of the free world, condone a practice that an absent vote counts one way or another?

If, say I decided not to vote in the last presidential election, and neither Barack Obama or John McCain received the majority of eligible votes, does that mean the George W Bush would have received my vote? NO! That's not how elections work in this country.

If you do not vote, your vote does NOT count toward anything. As long as 50% plus 1 of eligible workers vote, the election should stand on who received the most votes CAST! Period! Apathy in voting should not be rewarded to one side or the other.

11 May12:11

Imagine trying to elect a

By B. McKeever

Imagine trying to elect a President, Congressman or any other elected official or pass a law or a bond where all the people who don’t vote are counted as a NO vote.
You need 50% + 1 to have a win, and less then 50% of registered voters vote in any major election.

With this applied to all other elections (President, Congress and other elections) you would not have elected any President in more than 50 years and a handful of other elected officials in all other elections.

The Railroads bought this form of elections to their industry only and later on it was applied to the Airlines.

Talk about an unfair playing field.

Think about it for 30 seconds, with your brain.

11 May12:14

I guess the answer is having

By CHRIS

I guess the answer is having management taking $400 million in bonuses while the carrierer is losing money. Then offer nothing to the unions but a letter to our homes stating that were going down the toilet. When is management going to wake up and see that I, as a union employee, depend on the airline for my livelyhood also. In my eyes, management takes cares of themself`s and screws everyone else. There is no promoting team work. I am also a 20+ year industry employee, union mechanic. Having more vice presidents is not the answer.

11 May12:49

As a 25+ legacy carrier

By Anonymous

As a 25+ legacy carrier employee I can say that most all of the airline industries problems are created by poor management.
This is about a level playing field, think about this for a second, if ALL political elections were conducted the same
way union representaition elections were done NO ONE would get elected to any office.

So the question is why is it ok one way but not the other.

If the employees do not want to belong to a union, go out
and vote so. That is truly free choice. But to just sit on your
butt and do nothing, is that the type of employee any company is looking for?

Oh and by the way it wasn't the UAW that decided to put a weak Chevy 4 cylinder transmission behind a large Buick or Oldsmobile V-8, it was management.

11 May13:15

Well said. Unions breed

By Anonymous

Well said. Unions breed mediocrity and laziness!

11 May13:53

Unfortunately, airlines

By Sam

Unfortunately, airlines executives don't have a problem with demanding a contract, an overpaid one that usually comes for employee pay cuts.

Anyone in the USA who believes it is OK to count a non vote as a NO vote is a communist pure and simple. This current voting procedure was instituted long before aviation developed.

Democratic voting rules is the only way to hold an election in the US.

11 May13:55

If that is the case, why has

By Sam

If that is the case, why has Delta historically ranked at the bottom and Union airlines like NWA at the top?

Like in 2009

11 May15:08

They came to Detroit for

By Seen it

They came to Detroit for Auto's. Killed the Big three and Michigan fell with them. Now they come for the Airlines. Do the auto workers making auto's for American's in Brazil have a Union? Union = Higher priced goods for less worker accountability.

11 May16:43

What is the big deal? People

By Anonymous

What is the big deal? People against a union can always vote 'No'. People who don't vote can't complain.

11 May19:09

Thanks to former presidents

By Anonymous

Thanks to former presidents for ignoring labor, its now time for labor to have their cake!

12 May09:35

The ATA should concentrate on

By Andreas Curlee

The ATA should concentrate on fixing Airline Problems ...lost bags, unfair executive compensation....Delta should not waiste money on Lawyer fees but rather focus on on time performance and customer satisfaction. What are they afraid of, bargin in good faith and there will be no issues.

12 May17:56

To Robert S We here at Delta

By Anonymous

To Robert S
We here at Delta Airlines DO want a union. We have had enough of the 'good-ole boy' network controling everything from when and where you can take your vacations , overtime , the promotion process , work rules etc. They would sell us out in a heartbeat given the chance.

15 May01:55

The debate between union and

By Anonymous

The debate between union and non-union is also the difference between democratic work environment or a totalitarian one, respectively. The word meiocrity is used alot regarding the organized yet we all know it exists in all workplaces to some degree with or without a CBA. One must be careful about dogma and rhetorical soundbytes from the RNC. Given the history of corporate behavior, working people need some reasonable protection if they are to have a career and support their families with a reasonable standard of living. A strong middle-class, much the result of collective bargaining over many decades, breeds a strong democracy. The fact than many corporations are fighting the new voting rule is an expose of their collective attitudes toward democracy in the workplace, where the common worker can have a voice about rules, conditions, and safety that directly affect their lives. Sorry, I must remain anonymous as my identity would probably cause my termination - my employer is one in the suit against NMB. Even under a CBA one is effectively gagged by their management against freedom of speech. Now THAT'S totalitarian!!

18 May15:31

Its nice to see someone who

By Al

Its nice to see someone who isn't pro union but can still see the fairness in this rule change. I read what people write in response to the rule change and you have to laugh at the anti-rule change statments. It's always the same " unfair changing the rule", never any meaningful response to back up their arguement. I work in the industry and all the managment responces are given to them each day from the Mother ship in ATL. So your going to take the NMB to court and straighten them out . Another great dession by a group of people who's dessions and greed have all but wiped out the Airline Industry... Well good luck, you are about to bite off more then you can chew....

20 Nov18:37

Sadly...you appear to be one

By Anonymous

Sadly...you appear to be one of many ill informed anti union zealots living parasitically off of the sweat and tears of Union employees. There is NO union in this country that charges dues when an employee is OFF pay roll...PERIOD.

This is but one of many blatant lies spread by "Labor Consultants" and their flunkies about unions.

I've often heard "the threat of a union is better than having one"...how anyone could admit to being a bottom feeder and profiting from the risk of others is beyond disgusting.

THAT...is not the American way!

Post new comment

The content of this field is kept private and will not be shown publicly.
ATW encourages and welcomes comments on articles that add value to the topic. Offensive and/or obscene comments will be removed.

Latest From Twitter