(The following story by R.G. Edmonson appeared on The Journal of Commerce website on May 10, 2010.)
WASHINGTON, D.C. — In a victory for labor attempts to organize transportation workers, the National Mediation Board said it will now determine a majority in a unionization election based on the votes cast and no longer base the results on a company’s entire workforce.
The new rule on railroad and airline employees could have an impact on efforts to organize workers at FedEx, where labor has targeted non-union express workers.
The rule could also affect employees at Delta Air Lines and JetBlue, said Edward Wytkind, president of the Transportation Trades Department of the AFL-CIO.
The rule “levels the playing field that has been uneven for far too long,” Wytkind said.
The NMB has so far counted all employees of a company among votes in an organization effort, tallying those not casting ballots as votes against the unionization.
The Air Transport Association said Monday it would seek judicial review of the NMB’s rule.
“We continue to believe the National Mediation Board does not have legal authority to implement this rule, one that undoubtedly will lead to more labor discord,” the ATA said. “It is quite clear to us that the NMB was determined to proceed despite the proposed rule’s substantive and procedural flaws, leaving us no choice but to seek judicial review.”
The NMB’s rules change will appear in Tuesday’s Federal Register, and will take effect in 30 days. The board issued its proposed rule last November. The board voted 2-1 for the rule with Chairman Elizabeth Dougherty dissenting.