Challenges to new US labor rule contemplated

A senior US lawmaker is warning that the National Mediation Board exceeded its legal authority with a new ruling that strengthens air and rail union organizers.

Rep. John Mica (R-Fla.), ranking member on the House of Representatives Transportation and Infrastructure Committee, stopped short of saying he will seek legislation to roll back the decision issued Monday by NMB (ATWOnline, May 11). But he said in a statement that the board decision is such a fundamental change that it is "properly within the authority of the United States Congress."

Under the ruling, a union would win a representation election if a majority of workers participating vote "yes." For 75 years, air and rail union organizers have had to get yes votes from a majority of all workers who would be represented.

A group of airlines represented by the US Air Transport Assn. plans a federal lawsuit to block and then overturn the board decision. ATA VP-Communications David Castelveter said the suit likely will be filed within days. He declined to comment on possible Congressional action.

Kate Bronfenbrenner, a Cornell University senior lecturer on labor relations, told ATWOnline that she doubts Congress will undo the ruling because elected officials understand that "having a majority of votes cast is a universal standard." She said she couldn't predict what courts will do but noted that the appeals process will last a long time and many more workers would be organized during that period.

Mica and other Republicans would face a steep challenge in trying to enact a measure to undo the NMB ruling because Democrats control the White House and both the House and Senate. Even if Republicans win back Congress in November's midterm elections, President Barack Obama is seen as unlikely to sign a bill that would overturn the NMB decision.

Discuss this news 23

12 May06:58

The old rule was unfair. If

By jim lewis

The old rule was unfair. If you didn't vote that meant a "NO". So if you were sick, dead, on vacation, on leave etc etc and didn't vote that was a vote against the union. What other type of election works this way?

The new rule is fair. If you don't vote...your vote doesn't count. You either vote Yes or No. The majority of those that vote determines the outcome.

That is the fairest way to vote.

The ATA just fears their employees becoming Unionized. It's o.k. for senior management to have their own contracts with the company but not o.k. for the front-line employees? How is that fair?

12 May07:20

"Fair" isn't in their

By QuestionAuthority

"Fair" isn't in their vocabulary, Jim, especially the Republicans and the ATA's vocabulary. The NLRB was perfectly within its mandate to issue this ruling. The airline management communtiy hates and fears unions. They know that strong unions mean that the C-level salaries will go down because they'll have to pay their employees a living wage and treat them like human beings instead of chattel. Kate Bronfenbrenner is quite correct. This ruling is long overdue, IMHO.
I spent over 20 years in the airlines and was elected union steward several times. I'm not a union firebrand, but I do demand a level playing field.

12 May08:01

Nothing was issued by the

By Anonymous

Nothing was issued by the NLRB... it was the NMB, which is empowered by the RLA...

Aviation is not regulated by the NLRB...

You need to check your numbers... the airline industry is heavily organized... but, the unons are not as strong as those regulated by the NLRB, which is to ensure a balance of power between management and the unions...

Unions in the aviation industry are very unlikely to bankrupt companies in the aviation industry, Charlie Bryant aside when he destroyed Eastern...

12 May08:08

Fairness is key, which is why

By CJ

Fairness is key, which is why the same rules should apply for electing a union as well as decertifying a union. The previous posters failed to acknowledge that the NMB is keeping the old rules for decertifying a union. If you don't vote in an election to decertify, then why should your vote count as a "no" vote?

12 May08:14

You are absolutely right.

By jim lewis

You are absolutely right. Only votes cast should be counted "yes" or "no" for BOTH certifying and decertifying the union.

Are you sure there is no change planned for decertifying a union?

Bottom line though...this new ruling is fairer than the old rule.

12 May08:44

How is it fair that there is

By Aunt Lori

How is it fair that there is NO way to decertify a union? I will support the new rules IF they also provide a way to vote a union out.

12 May08:52

Workers definitely ought to

By SD

Workers definitely ought to have the right to organize if they want to. However, if they choose to be represented by a group outside the company, they really aren't employees anymore. Their loyalties are clearly with the union, not the company. They should be considered outside contractors or 3rd party vendors. As such, the company should then be free to put the work out for bid when the contract's up. If the organized workers are the best bidder, then great. But there's no reason that a company should be stuck having to contract with just one group and not have any other options. You wouldn't accept that situation in your personal dealings. Suppose you employed a babysitter for your kids, that babysitter declared themselves to be a union, demanded more money and threatened to walk out. Now you're not allowed to hire any other babysitter. Your stuck with the one who organized. Does that person really feel like your employee anymore? Are you really interested in what's fair for everyone, including the people who own the airline, the shareholders? Or are you using a corrupt system to hold the company at gunpoint?

12 May09:33

I see SD...management can

By jim lewis

I see SD...management can have their contract with the company...hold the company at gunpoint with big bonuses and golden parachutes...but not the front-line employees.

Management can be part of ATA but front-line employees can't have a national union giving them a national voice.

I see where your loyalties lie.

Airline employees are "married" to their airline by the seniority system. They have the long-term interests of their company foremost in mind. Unlike management who are "temps"...they work for ING then come to Delta for a few years...then go to Mirant or some other place. They couldn't give a hoot about their current company...for management it's all about lining ones pockets and lining up the next career move. To think otherwise is to be naive.

12 May09:34

How does one decertify the

By Anonymous

How does one decertify the union if they no longer want it?

Doesn't seem like the new rule is that "fair" after all.

12 May10:38

unions in the airline

By Anonymous

unions in the airline community have been trying to bilk workers out of their money for years with what result? The promise of higher wages?, Respect? You spend your career putting in grievance after grievance with long hearings and no action. The union bullies employees who don't support them. Look at their financial statements. They are making tons of money on the backs of hard working airline workers and giving empty promises. It didn't work for TWA, Eastern, ATA, Western, or the almighty PAN AM.

12 May10:46

If these people are so fair

By Anonymous

If these people are so fair and we the airline workers are so pro union why did these union workers show up in black SUVs and harange people as well as threaten their jobs? Dont say it didnt happen...it did and I did not hear 1 person who said they thought it was ok.

12 May11:51

Unions at airlines have not

By jim lewis

Unions at airlines have not "bilked" their members. Grievances have been handled quickly and fairly in most cases I've ever heard of...You sound like a management hack. The truth is the Airline industry is a safety-related business that needs a union to protect its members from being "pushed" by management. Why do you think Unions exist? It's because management has treated it's employees unfairly in the past period. Look around, what corporation would you trust to treat you fairly? In this world you get what you negotiate. Work rules, wages, safety concerns etc. are all negotiated. Unions give the front-line employees the leverage and protection needed to negotiate fairly.

12 May11:54

Anonymous...where and when?

By jim lewis

Anonymous...where and when? What company are you talking about? Sounds like the rumor mill to me.

Of course you ignore managements insidious threats of termination for anyone trying to organize at any company.

12 May12:53

Perhaps Mr. Mica would like

By Anonymous

Perhaps Mr. Mica would like to try to get elected with a majority of registered voters, not just those that show up on election day? Sauce for the goose...

12 May13:58

I have worked in the airline

By Anonymous

I have worked in the airline industry for 35yrs in administrative and sales positions, non-unionized, and saw the industry go down, departments and offices close down because of unions. We who work in offices get low salaries and work twice as hard to make up for the mediocre (to say the least) work by unionized workers who will not lend a hand because 'it is not in their union contract' when they have nothing to do. And by the way, we are not management!

12 May13:58

I have worked in the airline

By Anonymous

I have worked in the airline industry for 35yrs in administrative and sales positions, non-unionized, and saw the industry go down, departments and offices close down because of unions. We who work in offices get low salaries and work twice as hard to make up for the mediocre (to say the least) work by unionized workers who will not lend a hand because 'it is not in their union contract' when they have nothing to do. And by the way, we are not management!

12 May14:00

Totally agree!

By Anonymous

Totally agree!

12 May16:37

if not for the union i would

By arnulfo

if not for the union i would have been laid off for a long time.. with the seniority rules..ive got to go somewhere where my seniority holds and not receive unemployment checks. i got laid off 4 times and still able to work at other stations.

12 May18:16

Unions have an important role

By Anonymous

Unions have an important role to fill, management has the responsibility to insure training and good supervision.

My view comes from two previous positions, one as a union employee the other as a sales manager which I believe provides a solid perspective.

When employees are paid well and treated respectfully their work excels, when management bully's, insults and demeans employees the results become apparent.

There is no union contract that prevents management from correcting and ultimately removing a bad employee. It is managements job to show the employee what is expected and to lead by example.

What often happens is management ignores their duties and then blames the employees.

12 May20:50

You are correct. Charles

By dmo

You are correct. Charles Bryant did kill Eastern. I totally agree....

12 May20:52

By the way, unions don't

By dmo

By the way, unions don't start unions-bad/unfair management does. (quote from a union steward that once worked for me).

28 May11:53

Clearly...you've never heard

By Sam

Clearly...you've never heard of Southwest Airines...THE most heavily unionized airline in America.

Who's bankrupting who when US airline management's compensation has grown 425% over the last 25 years?

Did you hear the one where "contracts" are only for the rich?

28 May11:56

Your opinion does not reflect

By Sam

Your opinion does not reflect the low DOT customer service rankings of NON UNION airlines in this country vs. UNIONIZED airlines.

(snicker)

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