Court Upholds NMB's New Democratic Airline Election Rules

In rejecting the airline industry's challenge to new, democratic rules governing representation elections for airline and railroad workers, U.S. District Court Judge Paul Friedman said the National Mediation Board was fully within its rights to change the rules, and that the agency demonstrated "that the change is essential."

As a result of the June 25 decision, the new rules went into effect Wednesday, June 30, opening the door to fair elections for tens of thousands of unrepresented airline workers at Delta Northwest, Piedmont, Fedex and other carriers.

Under the changes supported by AFA-CWA, the outcome of union representation elections will be based on a majority of the votes cast. Until now, workers who didn't cast ballots were counted as "No" votes. During elections, airlines frequently packed employee eligibility lists with furloughed workers to increase the number of non-voters.

AFA-CWA President Patricia Friend applauded the decision. "Democracy has prevailed and we gladly usher in a new era where aviation and railway employees have a voice," she said, adding "For the first time in recent history, elections conducted by the NMB will be held to the standards and principles that our country was founded upon."

Based on thousands of comments the NMB received on the rule change from airline workers, unions, and the industry, the judge said the Board provided "evidence and analysis of why the new rule will better determine employees' preference regarding representation."

Friedman also rejected industry claims that the NMB acted beyond its authority and in violation of the Railway Labor Act, stating that the new rule "is consistent with the Board's broad discretion to investigate representational disputes and to decide how a majority of a craft or class shall exercise its right to determine a representative under the RLA."

The Air Transport Association, which sought to block the rule on behalf of Delta Air Lines and at least nine other carriers, and with the support of the U.S. Chamber of Commerce, said it "will thoroughly study the decision to determine" whether it would appeal the ruling.