Airline Legal Alert: Status of NMB's Attempt to Change 75-Year-Old Majority Rule


On September 2, 2009, the Transportation Trades Department (TTD), AFL-CIO, petitioned the National Mediation Board (NMB) to change the 75-year-old majority rule, which requires a majority of eligible voters in a craft or class to cast ballots for representation before the NMB will certify a union as the bargaining representative for that craft or class. The TTD's petition asked the NMB to replace the majority rule with a rule that would allow a union to be certified if a majority of the employees who cast ballots voted for union representation. On November 3, 2009, two members of the NMB submitted a Notice of Proposed Rulemaking (NPRM) to the Federal Register. The NPRM stated that the NMB intended to change the majority rule to a minority rule. On December 7, 2009, the NMB held an "open meeting" with interested parties to discuss the rule change. During the "open meeting," speeches were given by both proponents and opponents of the NPRM. The Board members did not ask any questions of the meeting participants. No sworn testimony was taken from the participants, nor were any of the participants subject to cross-examination.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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