Court: Rule change for transportation union elections is valid

December 16, 2011

Court: Rule change for transportation union elections is valid

By Keith Laing

A rule change that led to a yearlong congressional fight that, this summer, caused a brief shutdown of the Federal Aviation Administration, has been upheld on appeal.

The U.S. Court of Appeals for the District of Columbia Circuit ruled Friday in favor of the National Mediation Board’s (NMB) decision to allow employees of companies that fall under the Railway Labor Act to form unions if a majority votes in favor. The decision affirms a ruling reached by a lower court.

House Republicans pushed this year to revert to the old rules, under which workers who did not cast ballots in union elections would be counted as “no” votes. The effort, which came in the form of an amendment to the FAA’s funding bill, led to a protracted fight with Democrats and union groups and to a brief shutdown of the FAA this summer.

The appeals court ruled that the NMB was within its rights to change the rules.

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