Posted on May 12, 2010 by Seth Borden

National Mediation Board (NMB) Changes Union Election Rules, Easing Unionization Process

Published in yesterday's Federal Register, the National Mediation Board has announced that it has adopted a final rule modifying the way votes are tallied in representation elections under the RLA:

As part of its ongoing efforts to further the statutory goals of the Railway Labor Act, the National Mediation Board (NMB or Board) is amending its Railway Labor Act rules to provide that, in representation disputes, a majority of valid ballots cast will determine the craft or class representative. 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.

Federal Register Volume 75, Number 90 (Tuesday, May 11, 2010), pages 26062-26089.

Previously, in elections under the Railway Labor Act, a union would only be certified as a bargaining representative of a group of employees if a majority of all eligible voters cast ballots in favor of unionization.  The new standard is essentially the standard applied by the National Labor Relations Board in elections under the NLRA.

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