Resolution Introduced in Opposition to NMB Final Rule on Election Procedure

The same day the National Mediation Board (NMB) published a final rule (pdf) amending its representation election procedure to make it easier for employees in the air and rail industries to unionize, Sen. Johnny Isakson (R-GA) introduced a measure in opposition to this change. Senate Joint Resolution 30 calls for Congressional disapproval of the agency’s action, which is the first step in allowing Congress to overturn the rule.

As reported in The Hill’s Blog Briefing Room, Isakson said that he “will have the signatures necessary to discharge my resolution of disapproval, to bring about a vote on the floor of the Senate.” The resolution was introduced with 25 co-sponsors. Thirty votes are needed to bring the measure to the Senate floor for a vote, and 51 are needed to pass the resolution in the Senate. There are currently 41 Republican senators, so in the event the resolution does make it to the floor, it will need to garner a level of bipartisan support to succeed. As Isakson stated during a news interview, “If it's a partisan vote, we'll lose. If it's a pragmatic, thoughtful vote, we'll win.” Isakson considered the rule to be a way of implementing the infamous “card check” provision of the Employee Free Choice Act (EFCA) “by running around the back door, and that's not right.”

This measure has been referred to the Senate Committee on Health, Education, Labor and Pensions (HELP).

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.