Washington D.C. Employment Law Update : Washington D.C. Employment Lawyer & Attorney : Littler Mendelson Law Firm : Virginia, Tyson's Corner

Littler attorney Don Maliniak presented comments on behalf of Littler, urging the Board to reconsider its NPRM in light of the purposes underlying the RLA and the Agency's long and successful history of administering union elections in the air and rail industries under the current process. Labor advocates present said they wanted the NMB to change the way it counts votes in union organizing campaigns and, in support of their requested change, some advocates referred to the civil rights movement, democratic principles, alleged "suppression" efforts by carriers, and changes in the industry, American culture, and technology. Management advocates called for the NMB to rescind the NPRM and some commented that the proposed new rule appears to be a politically motivated effort to make it easier for unions to win representation elections. Management advocates also urged the Board to implement a decertification process if it moves ahead with the new voting rule. A copy of the comments presented to the NMB is available here (pdf) (morning speaker submissions) and here (pdf) (afternoon speaker submissions).

The NMB is accepting comments regarding the NPRM though January 4, 2010. Littler's Transportation Group, consisting of more than 30 attorneys who practice in the area of airline and railroad labor and employment law, will continue to track this issue and will provide further updates and commentary as events unfold.

This entry was written by Kevin Kraham.

Photo credit: ericsphotography

Puchala, a member of Obama’s transition team, served as president of the Association of Flight Attendants from 1979 to 1986. Puchala is currently a senior mediator and associate director of alternative dispute resolution services at the NMB. Not surprisingly, the Association of Flight Attendants-CWA (AFA-CWA) has applauded Puchala’s nomination. In a statement released after the announcement of her nomination, the union stated:

Over the past eight years, the NMB has repeatedly failed to fulfill its mission to promote collective bargaining and to provide and protect the rights of workers who seek to join a union. . . . Linda Puchala's experience within the agency will ensure a smooth transition to a new Board. Her commitment to workers' rights and to the collective bargaining process will help to restore the integrity of this vital federal agency. For years, the NMB has operated under arcane and unreasonable rules that make it difficult for workers to organize. We look forward to working with Ms. Puchala to ensure that the National Mediation Board adheres to its mission of protecting employees' right to organize without interference or influence from the employers and their multi-million dollar anti-worker campaigns.

In addition to her leadership position at the AFA-CWA, Puchala has worked as the Director of the Michigan State Employees Association, AFSCME, AFL-CIO. Puchala has been with the NMB since 1999, and holds a Bachelor's degree in Business Administration from Cleary University in Howell, Michigan.