House Rejects Union-Related Amendments to the FAA Reauthorization Bill

On Friday the House of Representatives approved by a 223-196 margin the Federal Aviation Administration (FAA) Reauthorization and Reform Act of 2011 (H.R. 658) without adopting a number of controversial union-related amendments to the measure. As expected, the chamber narrowly rejected by a vote of 206-220 a bipartisan amendment (pdf) offered by Reps. Steven LaTourette (R-OH) and Jerry Costello (D-IL) that would have stricken from the bill a provision that repeals the contentious new National Mediation Board (NMB) election rule. This rule, which took effect on July 1, 2010, 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. The long-standing prior approach 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. Section 903 of the FAA bill restores the original voting procedure. In September 2010 the Senate failed to pass a resolution that would have accomplished the same end. Although the House has allowed the repeal language to remain in the FAA bill, the provision faces tougher odds in the Senate, which has already approved its own FAA reauthorization bill that does not include this provision. Additionally, the President has threatened to veto any legislation that would change the election rule.

The House similarly rejected by a vote of 183-238 an amendment (pdf) offered by Rep. Pete Sessions (R-TX) that would have prevented any funds from the reauthorization bill to be used “to administer or enforce” the Davis-Bacon Act requirements, which provide that contractors and subcontractors working on most federally-funded or assisted contracts be paid the prevailing wage rates.

On Thursday, the House also failed to approve by a 195 - 227 margin an amendment (pdf) offered by Phil Gingrey (R-GA) and Todd Rokita (R-IN) that would have prohibited FAA employees “from using official, taxpayer sponsored-time for union activities during the official work day.” It would not have repealed the right of any FAA employee to collectively bargain or arbitrate.

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.