Air Transport World, May 12, 2010, Wednesday

Air Transport World

May 12, 2010, Wednesday

Air Transport World

Challenges to new US labor rule contemplated

21 Share EmailPrintA senior US lawmaker is warning that the National Mediation Board exceeded its legal authority with a new ruling that strengthens air and rail union organizers.

Rep. John Mica (R-Fla.), ranking member on the House of Representatives Transportation and Infrastructure Committee, stopped short of saying he will seek legislation to roll back the decision issued Monday by NMB (ATWOnline, May 11). But he said in a statement that the board decision is such a fundamental change that it is "properly within the authority of the United States Congress."

Under the ruling, a union would win a representation election if a majority of workers participating vote "yes." For 75 years, air and rail union organizers have had to get yes votes from a majority of all workers who would be represented.

A group of airlines represented by the US Air Transport Assn. plans a federal lawsuit to block and then overturn the board decision. ATA VP-Communications David Castelveter said the suit likely will be filed within days. He declined to comment on possible Congressional action.

Kate Bronfenbrenner, a Cornell University senior lecturer on labor relations, told ATWOnline that she doubts Congress will undo the ruling because elected officials understand that "having a majority of votes cast is a universal standard." She said she couldn't predict what courts will do but noted that the appeals process will last a long time and many more workers would be organized during that period.

Mica and other Republicans would face a steep challenge in trying to enact a measure to undo the NMB ruling because Democrats control the White House and both the House and Senate. Even if Republicans win back Congress in November's midterm elections, President Barack Obama is seen as unlikely to sign a bill that would overturn the NMB decision.