(The International Brotherhood of Teamsters issued the following on December 7, 2009.)
WASHINGTON, D.C. — Teamsters Eastern Region Vice President John Murphy and three Continental Airlines workers who are forming their union with the Teamsters testified today at the National Mediation Board’s hearing on a rule change that would make rail and airline elections fairer.
Murphy and the Continental fleet service workers spoke in favor of a NMB proposal that would base Railway Labor Act (RLA) elections on a majority of those voting “yes” versus a majority of the overall unit voting. The current system means that workers who don’t vote are counted as “no” votes, which is fundamentally undemocratic.
The NMB, which supervises RLA elections, announced the proposed rule change Nov. 3 and it could take effect in early January after the 60-day comment period, which is under way.
“The reality of the Board’s current rule is that it imposes an undue burden on employees in exercising their right to designate a representative because they must not only overcome those who oppose representation, but even more difficult, of the electorate who will not participate regardless of the organization to engage them,” Murphy said. “This reality of nonparticipation means that employees must attain a super-majority of voters…carriers need only persuade a minority of engaged voters to not vote and may then rely on nonparticipation to defeat their employees’ organizational aspirations. That turns the purposes of the RLA on their head.”
Continental fleet service workers are forming their union with the Teamsters now, and the proposed rule change will likely not take effect in time for the workers’ coming election—Continental workers have already filed for their election. Nonetheless, three Continental workers, Russell Rego from Newark, Reggie Robinson from Houston, and James Dolezal from Cleveland, also testified.
“The proposed rule change would take away some of the huge disadvantages workers face when they try to form a union under the Railway Labor Act,” testified Rego, a Hub Operations Coordinator in Newark and 16-year CAL employee. “It is time for the outdated rules to be set aside so that there is a level playing field for today’s workers.”
Dolezal, a Customer Service Agent in Cleveland, presented the board with 2,200 signatures from his co-workers seeking the rule change.
“… the outdated rule is still in effect, which hurts workers like me who want to form a union,” Dolezal said in his testimony. “The result of these unfair election rules is that we don’t have a union after five attempts in recent years.”
“The current system is undemocratic,” testified Robinson. “Our American democracy is based on the will of citizens who vote. This is how we elect our members of Congress, governors, state and local legislators.”