As we reported on November 3 and 4, the National Mediation Board's (NMB) notice of proposed rule making (NPRM) seeking to change the 75-year old process by which union votes are counted in union representation elections under the Railway Labor Act (RLA) is moving full-steam ahead. Members of Littler Mendelson's transportation industry practice group attended the NMB's December 7, 2009 open meeting regarding the NPRM. Chairman Elizabeth Dougherty, Members Harry Hoglander and Linda Puchala, General Counsel Mary Johnson, and Associate General Counsel Kate Dowling were present, and interested parties had the opportunity to present their views on the proposed change to NMB election procedures. The NMB officials did not ask or answer questions or otherwise comment on any of the presentations.

Littler attorney Don Maliniak presented comments on behalf of Littler, urging the Board to reconsider its NPRM in light of the purposes underlying the RLA and the Agency's long and successful history of administering union elections in the air and rail industries under the current process. Labor advocates present said they wanted the NMB to change the way it counts votes in union organizing campaigns and, in support of their requested change, some advocates referred to the civil rights movement, democratic principles, alleged "suppression" efforts by carriers, and changes in the industry, American culture, and technology. Management advocates called for the NMB to rescind the NPRM and some commented that the proposed new rule appears to be a politically motivated effort to make it easier for unions to win representation elections. Management advocates also urged the Board to implement a decertification process if it moves ahead with the new voting rule. A copy of the comments presented to the NMB is available here (pdf) (morning speaker submissions) and here (pdf) (afternoon speaker submissions).

The NMB is accepting comments regarding the NPRM though January 4, 2010. Littler's Transportation Group, consisting of more than 30 attorneys who practice in the area of airline and railroad labor and employment law, will continue to track this issue and will provide further updates and commentary as events unfold.

This entry was written by Kevin Kraham.

Photo credit: ericsphotography