On May 17, 2010, the Air Transport Association of America, Inc. ("ATA") filed suit against the National Mediation Board in the United States District Court for the District of Columbia, challenging the NMB's recent change to its long standing rule regarding how representation elections are conducted. As discussed in our May 10, 2010 Legal Alert, the NMB's final rule changes the manner in which RLA elections have been conducted for over 75 years. Since the NMB's inception, the NMB has repeatedly held that, in order for a union to be certified as the bargaining representative for a craft or class, a majority of eligible employees must vote for representation. The final rule will drastically change this requirement, allowing a union to be certified as the bargaining representative if a majority of employees who vote cast ballots for representation, regardless of how many employees actually vote in the election.