Deal objects to changes in union election procedures

WASHINGTON – U.S. Congressman Nathan Deal, R-Ga., led an effort, joined by 31 Members of the House of Representatives, in submitting the following letter to Chairwoman Doughtery and members of the National Mediation Board (NMB) expressing strong objection to changes to union election voting procedures which would unravel 75 years of labor law affecting airline and railroad personnel.

The proposed rule change would allow union elections to be decided by only a majority of workers who cast ballots, not a majority of all employees within a bargaining unit. Since the creation of the National Mediation Board in 1934, employees who do not vote in unionization decisions are counted as ‘no’ votes. Under this ‘majority rule’ procedure, a union must be approved by a full majority of all employees in a workgroup. This politically-motivated proposal under consideration would tilt airline and railroad representation elections in the favor of organized labor by allowing a small minority of a work group to impose union representation among the majority.

With Hartsfield-Jackson Atlanta International Airport’s presence in Georgia as well as the home of the world’s largest airline, Delta Air Lines, the Ninth Congressional District and the state as a whole, remains home to many flight crew personnel who will be directly affected by this damaging attempt to promote union interests through regulatory fiat.

“As a right-to-work state, Georgia remains uniquely poised to promote a regulatory and economic environment to attract new industry and to create new opportunities for Georgia’s workforce,” said Deal. “This important distinction must be maintained, but if finalized, this rule will force thousands of Georgians across our state to accept union representation which they do not want as a result of Washington politics.”

Text of the letter below:

January 4, 2010

The Honorable Elizabeth Dougherty, Chairman

The Honorable Harry Hoglander, Member

The Honorable Linda Puchala, Member

National Mediation Board

1301 K Street, NW, Suite 250E

Washington, DC 20005

Re: Docket Number C-6964

Dear Chairman Dougherty and Members of the Board:

We are writing in strong opposition to the Board’s proposed rule to modify a 75 year policy and legal precedent contained in the Railway Labor Act (RLA) in order to allow union representation in circumstances where a majority of the workers do not wish to join a union.

The current longstanding voting rules are well grounded in the unique language of the RLA. The law does not refer to a majority of “voters”. It says that a majority of the workers in a class or craft must vote for a union for it to be certified. The decision on the right to join a union belongs to a majority of workers, not to the company, not to the government and certainly not to the union. Under the Board’s proposal a small minority of a work group could impose union representation on the majority. The U.S. Supreme Court has upheld the current majority rule voting procedure used by the NMB.

Unlike the provisions of the National Labor Relations Act, once it is certified, a union might never have to stand for reelection because the NMB voting rules do not have a voting process that allows employees to petition for decertification. We understand that the Board has failed to consider various requests to include this change in new voting rules. Clearly, in its present form the Board proposal violates the rights of workers who choose not to purchase the services of a labor union.

We have concluded that this proposed voting rule change is quite similar to the approach contained in the Employee Free Choice Act. It is a politically motivated decision that tilts airline and rail representation elections in the favor of organized labor. This decision is too important to be decided by two appointed and unelected Democrats who have chosen to ignore legal and policy precedents that have governed representation rules for airline and rail employees for more than 75 years.

We firmly believe that the Board does not have the legal authority to change the majority rule representation requirement and that any changes should be made by Congress. We urge you to withdraw the proposed rule.

Respectfully,

The Honorable Nathan Deal

The Honorable Roy Blunt

The Honorable David P. Roe

The Honorable Paul C. Broun

The Honorable Greg Harper

The Honorable John Boehner

The Honorable John Kline

The Honorable Lynn A. Westmoreland

The Honorable Jack Kingston

The Honorable Bob Goodlatte

The Honorable Gary Miller

The Honorable Pete Sessions

The Honorable John Campbell

The Honorable John Linder

The Honorable Doug Lamborn

The Honorable Tom Price

The Honorable Peter Roskam

The Honorable Jean Schmidt

The Honorable Vern Buchanan

The Honorable Joe Wilson

The Honorable Sue Myrick

The Honorable Mike Rogers

The Honorable Rob Bishop

The Honorable Bob Inglis

The Honorable Dean Heller

The Honorable Henry Brown

The Honorable Phil Gingrey

The Honorable Devin Nunes

The Honorable Wally Herger

The Honorable Eric Cantor

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