FAA Deal Reached on NMB's Rulemaking, Changes Certain Election Procedures

Last Friday leaders of the House and Senate reportedly came to an agreement on the terms of the Federal Aviation Administration (FAA) reauthorization bill concerning how the National Mediation Board (NMB) will conduct representation elections and issue new rules. The NMB is the independent agency that oversees union representation, collective bargaining, and dispute resolution matters in the rail and airline industries.

On July 2, 2010, a new and highly contentious NMB rule (pdf) governing representation elections took effect. Specifically, this rule changed the agency’s 75-year-old representation election policy by basing the voting outcome on the majority of those who actually vote, effectively making it easier for employees in the rail and air industries to unionize. House Republicans were pushing for a provision in the pending FAA bill that would have repealed the NMB rule and reinstated the long-standing prior approach which based the voting outcome on a majority of employees eligible to vote in the representation elections. As a result, employees choosing not to participate were effectively viewed as “no union” votes. The NMB rule provision in the House-passed FAA bill had stalled the measure’s advancement in the Senate.

According to an article in Politico, Senate Majority Leader Harry Reid (D-NV) and House Speaker John Boehner (R-OH) have agreed to remove language calling for a repeal of the NMB rule in exchange for provisions to make the agency’s rulemaking process public and transparent and certain changes to the NMB’s election procedures. Although a final version of the compromise language is not yet available, Politico reports that the final bill would increase the percent of employees needed to request an election from 35 to 50 percent; require the NMB to hold a public hearing before any major rulemaking; give employees the opportunity to vote for “no union” in a runoff election if it is one of the top two choices, as opposed to forcing them to choose between two unions; and require the Government Accountability Office (GAO) to audit the NMB every two years and recommend changes as needed.

According to a statement issued by Sen. Reid, while some issues remain, the compromise on the NMB rule “clears the way for a long-term extension of the Federal Aviation Administration.”

Photo credit: YanC

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.