ATA to Appeal Court Ruling Allowing NMB Election Rule to Proceed

The Air Transport Association of America (ATA) has filed a notice of appeal in its lawsuit challenging the National Mediation Board’s (NMB) new controversial election rule. (pdf)  On June 25, the United States District Court for the District of Columbia granted the NMB’s motion for summary judgment and denied the ATA’s motion to preliminarily block the NMB from implementing its rule that overturns the election procedure that has been in place for 75 years. Specifically, the new rule makes it easier for workers in the airline and railroad industries to unionize by basing the voting results on the majority of those who actually vote, as opposed to allowing the majority of employees eligible to vote to determine the outcome.

On May 17, the ATA filed suit challenging this new rule on the grounds that – among other reasons – the NMB’s decision to change the established procedure was done without legitimate justification, and was thus “arbitrary, capricious [or] an abuse of discretion.” In addition, the ATA avers that the decision to deviate from the longstanding rule was predetermined and did not take into consideration the concerns raised by the industry and by NMB Chair Elizabeth Dougherty, who herself deemed the rule to be “the most dramatic policy shift in the history of the agency.”

For more information on this development, see Littler’s ASAP: District Court Clears Way for Implementation of New NMB Rules for Union Elections in Air and Rail Industries by Jack Lambremont and Chip McWilliams.

Photo credit:  ericsphotography
 

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.