Georgia Rep Introduces Bill to Reverse NMB Rule on Union Elections
Last week, Rep. Phil Gingrey (R-GA) introduced legislation to reverse a controversial rule change implemented by the National Mediation Board (NMB) last year which made it easier to organize unions in the airline industry. The "Restoring Democracy in the Workplace Act" (H.R. 548) is intended to repeal a rule published by the NMB on May 11, 2010, and the related regulations.
The NMB rule at issue changed the manner in which the results are determined in union representation elections under the Railway Labor Act. Previously, a decades-old rule provided that 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 "majority in unit" standard. The new standard, the "majority of votes cast" standard, matches the standard applied by the National Labor Relations Board in elections under the NLRA -- a union is declared the representative of a unit of employees if a majority of the employees who cast valid ballots vote for union representation. After a court challenge failed to halt the agency's promulgation, the new rule went into effect.
Rep.Gingrey's proposal is simple:
While the House bill has currently has thirty-two co-sponsors, and is likely to pass a vote there, the Senate will remain a hurdle for the bill. Last May, Senator Johnny Isakson (R-GA) introduced S.J. RES. 30, a Joint Resolution to express "congressional disapproval" of the NMB's administrative action. The Senate voted 56 to 43 against the resolution. Senators Lincoln (D-AR), Pryor (D-AR) and Nelson (D-NE) crossed the aisle to vote in support of the resolution. All Republican Senators voted for the measure with the exception of Sen. Lisa Murkowski (R-AK) who did not vote. A similar pattern, even if GOP pick-ups provide a majority, will still likely fall short of the numbers needed for a cloture vote.
