FAA Deal Reached on NMB's Rulemaking, Changes Certain Election Procedures

Posted on January 23, 2012 by Ilyse Schuman

Last Friday leaders of the House and Senate reportedly came to an agreement on the terms of the Federal Aviation Administration (FAA) reauthorization bill concerning how the National Mediation Board (NMB) will conduct representation elections and issue new rules. The NMB is the independent agency that oversees union representation, collective bargaining, and dispute resolution matters in the rail and airline industries.

On July 2, 2010, a new and highly contentious NMB rule (pdf) governing representation elections took effect. Specifically, this rule changed the agency’s 75-year-old representation election policy by basing the voting outcome on the majority of those who actually vote, effectively making it easier for employees in the rail and air industries to unionize. House Republicans were pushing for a provision in the pending FAA bill that would have repealed the NMB rule and reinstated the long-standing prior approach which based the voting outcome on a majority of employees eligible to vote in the representation elections. As a result, employees choosing not to participate were effectively viewed as “no union” votes. The NMB rule provision in the House-passed FAA bill had stalled the measure’s advancement in the Senate.

According to an article in Politico, Senate Majority Leader Harry Reid (D-NV) and House Speaker John Boehner (R-OH) have agreed to remove language calling for a repeal of the NMB rule in exchange for provisions to make the agency’s rulemaking process public and transparent and certain changes to the NMB’s election procedures. Although a final version of the compromise language is not yet available, Politico reports that the final bill would increase the percent of employees needed to request an election from 35 to 50 percent; require the NMB to hold a public hearing before any major rulemaking; give employees the opportunity to vote for “no union” in a runoff election if it is one of the top two choices, as opposed to forcing them to choose between two unions; and require the Government Accountability Office (GAO) to audit the NMB every two years and recommend changes as needed.

According to a statement issued by Sen. Reid, while some issues remain, the compromise on the NMB rule “clears the way for a long-term extension of the Federal Aviation Administration.”

Photo credit: YanC
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House Rejects Union-Related Amendments to the FAA Reauthorization Bill

Posted on April 1, 2011 by Ilyse Schuman

On Friday the House of Representatives approved by a 223-196 margin the Federal Aviation Administration (FAA) Reauthorization and Reform Act of 2011 (H.R. 658) without adopting a number of controversial union-related amendments to the measure. As expected, the chamber narrowly rejected by a vote of 206-220 a bipartisan amendment (pdf) offered by Reps. Steven LaTourette (R-OH) and Jerry Costello (D-IL) that would have stricken from the bill a provision that repeals the contentious new National Mediation Board (NMB) election rule. This rule, which took effect on July 1, 2010, changed the agency’s 75-year-old representation election policy by basing the voting outcome on the majority of those who actually vote, effectively making it easier for employees in the rail and air industries to unionize. The long-standing prior approach based the voting outcome on a majority of employees eligible to vote in the representation elections. As a result, employees choosing not to participate were effectively viewed as “no union” votes. Section 903 of the FAA bill restores the original voting procedure. In September 2010 the Senate failed to pass a resolution that would have accomplished the same end. Although the House has allowed the repeal language to remain in the FAA bill, the provision faces tougher odds in the Senate, which has already approved its own FAA reauthorization bill that does not include this provision. Additionally, the President has threatened to veto any legislation that would change the election rule.

The House similarly rejected by a vote of 183-238 an amendment (pdf) offered by Rep. Pete Sessions (R-TX) that would have prevented any funds from the reauthorization bill to be used “to administer or enforce” the Davis-Bacon Act requirements, which provide that contractors and subcontractors working on most federally-funded or assisted contracts be paid the prevailing wage rates.

On Thursday, the House also failed to approve by a 195 - 227 margin an amendment (pdf) offered by Phil Gingrey (R-GA) and Todd Rokita (R-IN) that would have prohibited FAA employees “from using official, taxpayer sponsored-time for union activities during the official work day.” It would not have repealed the right of any FAA employee to collectively bargain or arbitrate.
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