Court Upholds Fair Election Rule for Air and Rail Workers
The U.S. Court of Appeals in Washington, D.C., today upheld the new democratic union election rule for aviation and rail workers issued by the National Mediation Board (NMBM) in 2010.
The aviation industry, led by Delta Airlines, challenged the new rule and today’s decision was the second time a federal court upheld the democratic election rule.
For decades, the deck was stacked against workers covered under the Rail Labor Act (RLA) because every worker who did not cast a vote in a representation election was automatically counted as a “No” vote. The new NMB rule says that an election’s outcome will be decided by the majority of votes cast, just like every other election, from city council to the presidency.
In a statement this afternoon, the Flight Attendants (AFA\CWA) said: Read the rest of this entry »
Republicans Drop Anti-Worker Demands in FAA Fight—For Now
House Republicans backed off their demand—at least temporarily—to end democratic union election rights for aviation and rail workers and voted yesterday to extend funding for the Federal Aviation Administration (FAA) through January.
After House Republicans forced the shutdown of the FAA by refusing to vote for a clean extension that did not include provisions to overturn the democratic union election rules, the public outcry was enormous.
Workers and community groups rallied at airports and marched outside lawmakers’ offices to protest the shutdown that cost 4,000 FAA workers and 70,000 construction workers two weeks’ pay, halted important airport safety improvements and cost taxpayers some $400 million.
The Republican target in the FAA shutdown were union election rules adopted last year by the National Mediation Board (NMB). Those rules say air and rail elections should be decided by a majority of votes cast. Previously under the Railway Labor Act (RLA), which covers rail and airline workers, each worker who did not cast a vote in a representation election was automatically counted as a “No” vote.
The bill, which also extends funding for federal highway programs through March, now goes to the U.S. Senate.
Republican Shutdown of FAA Over—For Now
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The Republican shutdown for the Federal Aviation Administration (FAA) is over—for now—and the 4,000 furloughed FAA workers will return to work Monday and 70,000 construction workers should be back on the job soon now that airport improvement funds will flow again.
The Senate—even though it was adjourned—approved a House-passed bill that extends FAA funding until Sept. 16. That was possible because it was in what is known as pro forma session. Here’s how The Associated Press described it:
Employing the so-called “unanimous consent” procedure which took less than 30 seconds, two senators were present to approve a House-passed bill extending FAA’s operating authority through mid-September.
Democratic Sen. James Webb of Virginia stood up, called up the bill and asked that it be passed. Sen. Ben Cardin, D-Md., the presiding officer, agreed and it was done. Read the rest of this entry »
Republican FAA Shutdown Costs 4,000 Jobs, Threatens 90,000
When Republican House leaders forced a shutdown of the Federal Aviation Administration (FAA) last week, they not only forced the layoff of 4,000 FAA workers, they also put at risk nearly 90,000 construction jobs at airports around the country.
FAA funding expired after midnight Friday because Republicans blocked temporary funding in an effort to overturn a new rule making union elections among rail and airline workers more democratic.
With a long-term FAA funding bill stalled, Congress could have passed temporary spending authority, as it has 20 times in the past without controversy. But like their tactics on debt ceiling negotiations, Republicans are demanding their way at any cost.
AFL-CIO President Richard Trumka called on Republicans “to stop playing ideological games” and to:
get down to the serious business of creating jobs, instead of laying off FAA aviation experts and tens of thousands of construction workers, who are already experiencing close to 20 percent unemployment rates nationally. Adding insult to injury, just as the government reaches its debt limit, this disruption of the FAA means that aviation taxes—totaling up to $200 million a week—that normally fund our aviation infrastructure may instead end up in the airlines’ pockets.
Eliminating Workers’ Rights More Important to Republicans than Air Safety
House Republicans would rather shut down the Federal Aviation Administration (FAA) and put the flying public at risk than allow aviation and rail workers a simple majority vote—the same process that applies to electing lawmakers—on whether to join a union.
This incredible hostage-taking of a bill to reauthorize funding for the FAA—which expires Friday—is all about a new rule adopted last year by the National Mediation Board (NMB) that says air and rail elections should be decided by a majority of votes cast. Previously under the Railway Labor Act (RLA), which covers rail and airline workers, each worker who did not cast a vote in a representation election was automatically counted as a “No” vote.
If new funding isn’t approved, air traffic controllers would remain on the job, but the agency’s other 32,000 workers, including safety inspectors and other vital workers, face furloughs.
White House Issues Veto Warning if Fair Air and Rail Election Rules Repealed
If House Republicans prevail and their move to overturn fair and democratic election rules for air and rail workers remains in the final version of the Federal Aviation Administration (FAA) reauthorization bill (H.R. 658), the White House warned yesterday that President Obama would veto the bill.
The House Republican version of the bill—due for a vote today—would repeal last year’s new rule by the National Mediation Board (NMB) that says air and rail elections should be decided just like any other election—including congressional elections—by a majority of votes cast. Previously under the Railway Labor Act (RLA), which covers rail and airline workers, each worker who did not cast a vote in a representation election was automatically counted as a “No” vote.
In a Statement of Administration policy, the Obama administration reiterated its “strong opposition” to the provision in the bill that “would undermine a fundamental principle of fairness in union representation elections—that outcomes should be determined by a majority of the valid ballots cast.”
If the President is presented with a bill that would not safeguard the ability of railroad and airline workers to decide whether or not they would be represented by a union based upon a majority of the ballots cast in an election or that would degrade safe and efficient air traffic, his senior advisers would recommend that he veto the bill.
House Republicans, Delta Move to Overturn Fair Election Rules for Air and Rail Workers
The battle over workers’ rights moves from state capitols to Capitol Hill next week when House Republicans will try to repeal rules that guarantee fair and democratic elections for workers who want to form unions.
The House is set vote on the Federal Aviation Administration (FAA) reauthorization bill with a provision that would repeal last year’s new rule by the National Mediation Board (NMB) that says air and rail elections should be decided just like any other election—including congressional elections—by a majority of votes cast.
Previously under the Railway Labor Act (RLA), which covers rail and airline workers, each worker who did not cast a vote in a representation election was automatically counted as a “No” vote.
Republicans and their corporate partners in the transportation industry fought to block the NMB rule through the courts and with a Senate bill last year. They are now mounting a campaign to overturn it through the FAA bill and Delta Airlines is leading the way, reports Brian Beutler on Talking Points Memo.
Now, sources say, a similar fight is likely to play out on the House floor, and anti-union employees at Delta Airlines are preparing to fly to Washington to join the fight. Read the rest of this entry »
New House ‘Workforce’ Committee Highlights Anti-Union Goals
Last week, we highlighted a move by House Republicans who are so incensed at the word “labor”—because some folks might complete the phrase with the word “union”—that they ripped out the word “labor” from the name of the House Education and Labor Committee.
While the re-naming game comes off as childish and petty, a look at what the newly named House Education and Workforce Committee has at the top of its agenda is a serious assault on workers and their unions.
The committee’s revamped website includes a screed against workers, unions and labor laws decked out in rhetoric about defending workplace democracy.
Allegiant Flight Attendants Vote to Join TWU
Flight attendants at Allegiant Air voted by an overwhelming margin to join the Transport Workers (TWU), the National Mediation Board (NMB) certified today. The nearly 400 flight attendants are the first group of workers at the fast growing airline to form a union. Allegiant flight dispatchers are voting on TWU representation and the mail ballot process will conclude Jan. 24.
Kristi Cohen, an Allegiant flight attendant based in Las Vegas, says:
Allegiant is a good place to work, and now it’s going to get better. Now we’ve got a voice on the job—which means we can do an even better job of providing great service to our customers. Once we can negotiate about our schedules, work rules, and other issues, we’ll be full partners in growing the business.
Allegiant managers, says TWU President James Little,
ran a very aggressive “vote no” campaign, which is typical of most employers. Allegiant flight attendants did a great job standing up for what they believe in. Read the rest of this entry »
Flight Attendants to Challenge Delta Vote
The Flight Attendants-CWA (AFA-CWA) plan to challenge the vote announced today in which flight attendants at Delta Air Lines and Northwest Airlines rejected union representation by a margin of fewer than 300 votes out of a total of more than 18,000 ballots cast.
In a statement, AFA-CWA President Patricia Friend said:
In the next few days, we will be submitting interference charges against Delta management for their illegal and unfair methods to sway the vote. We will ask the National Mediation Board to defend the Delta flight attendants’ right to an election free of interference.
As in past campaigns, Delta ran an anti-union drive with fear and misinformation as the focus. Delta’s 2008 merger with Northwest brought in some 7,000 attendants who are already union members.
This was the first election run under the National Mediation Board’s new democratic election rules that allow a majority of votes cast to decide the outcome. Under the old rules, if you did not vote, it was counted as a “No.”










