When most people think of winning elections by a majority vote, we think of getting the most votes. In a two-way vote, for or against, that means 50% + 1 of the votes. Those not voting are not counted in the election results.
Not so in the past for union representation elections under the jurisdiction of the National Mediation Board (NMB) – which oversees such matters under the Railway Labor Act, governing labor relations in the railroad and airline industries in the US.
However, earlier this year, the NMB adopted a rule change under which it will decide representation elections in the same way as in other industries. However, some 43 United States Senators went on record yesterday opposing that fundamental principle that an election is decided by those who vote.
The Railway Labor Act was adopted in 1926 to govern labor relations in the railroad industry and was amended in 1936 to include the airline industry. Under the Act, as amended, the National Mediation Board (NMB) was created to have jurisdiction over, among other things, representation issues in the railroad and airline industries.
When most people think of winning elections by a majority vote, we think of getting 50% + 1 of the votes. Those not voting are not counted in the election results – much the same as in elections for public office where the candidate with the most votes counted in his or her favor wins (unless there are runoff provisions). That is how representation elections are handled under the National Labor Relations Act. However, for decades, NMB representation elections were conducted in the following manner: If a majority of the eligible voters in the bargaining unit voted to be represented, then the organization with the most votes was certified to represent that bargaining unit. In other words, the union was required to get the votes of 50% +1 of the eligible voters. A worker who did not vote counted the same as worker who voted against representation.
Recently, the NMB changed its rules to incorporate the principle that a majority of those voting would decide the issue in a representation election.
So how could anyone oppose the implementation of this bit of fundamental fairness in conducting an election? Well, all 40 Republicans voting and 3 Democrats (Lincoln, Nelson of Nebraska and Pryor) voted yesterday in support of Senate Joint Resolution 30 (roll call here). “S.J.RES.30 Title: A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Mediation Board relating to representation election procedures. ” would have repealed the new rule and would have endorsed the rule that effectively equates not voting with voting against representation.
Major opposition to the rule change comes from FedEx and Delta airlines. FedEx has historically received special treatment among package delivery companies keeping workers in its ground delivery operation under the Railway Labor Act and subject to the anti-democratic election procedures. It should be noted that workers in the ground delivery service of United Parcel Service, FedEx’s largest competitor, are covered under the NLRA and are chiefly represented by the Teamsters Union.
The Memphis Commercial Appeal article linked above has this to say about Delta’s opposition to the rule:
The challenge is a matter of some urgency, because union supporters are poised to seek representation votes for tens of thousands of Delta employees.
The 2008 merger of Delta and Northwest combined a largely nonunion work force (Delta) with a heavily unionized group (Northwest).
FedEx, Delta and 43 United States Senators still oppose fair representation election procedures. Fortunately, 54 Democrats, along with Senators Sanders and Lieberman, opposed this attempt to re-instate the anti-democratic election rules.
(cross-posted at DailyKos)
