Wednesday, November 4, 2009
The National Mediation Board, acting on a 2-1 vote by its members, has just published a proposed rule for representation elections in for airline and railroad workers. The new rule would, except in extraordinary circumstances, allow a union to be elected by a majority of votes cast--a change from the previous rule which requires a majority of employee eligible to vote. The rule would also allow employees to vote "no" in an election, which currently isn't an option (this is a function of the other change because employees can currently just choose not to vote, which counts as a "no" vote under the "majority of eligible voters" rule). The proposed rule does not create a similar process for decert efforts.
The agency's summary:
As part of its ongoing efforts to further the statutory goals of the Railway Labor Act, the National Mediation Board (NMB or Board) is proposing to amend its Railway Labor Act rules to provide that, in representation disputes, a majority of valid ballots cast will determine the craft or class representative. The NMB believes that this change to its election procedures will provide a more reliable measure/ indicator of employee sentiment in representation disputes and provide employees with clear choices in representation matters.
Hat Tip: Dennis Walsh