September 21st, 2010, Fairfax, VA—Americans for Limited Government
(ALG) President Bill Wilson today urged the Senate to support a
resolution of disapproval against a National Mediation Board rule that
allows for union organization at railways and airlines with less than a
majority of employees voting “yes.”
The resolution of disapproval is being proposed by Senator Johnny
Isakson,
who
in The Hill wrote, “The Obama administration’s decision to repeal
this rule means that now a minority of the bargaining unit can organize
— permanently — the entire organizing unit.”
“The National Mediation Board simply does not have the legal
authority to make such a radical change without Congressional
authorization,” Isakson stated in a press release. “With this rule
change, a union could be permanently recognized without a majority of
employees having ever supported representation.”
That is because on May 11th, 2010, the National Mediation Board
repealed the so-called “Majority Rule.” Under the old rule, it took a
majority of an organizing unit voting “yes” to permanently organize a
union. Now, it only takes a majority of those voting, a considerably
lower threshold.
Isakson wrote in The Hill, “[U]nder the Majority Rule, if a
bargaining unit had 6,000 employees, 3,001 must have voted for a union
to organize the unit. However, under the new rule, if only 1,000 of
6,000 vote, and 501 of those 1,000 vote yes, all 6,000 are permanently
unionized, even if a majority of them become disenchanted with the union
leadership.”
Isakson’s resolution is expected to have an up-or-down vote on
Thursday under expedited rules.
Wilson said the rule change most likely had been made to accommodate
the merger of Delta Airlines and Northwest. “The new company is 40
percent union, and most of that is from the Northwest employees. Since
they didn’t already have a majority, the only way to get a union for
the whole company was to change the rules to accommodate a decades-long
effort by Big Labor to unionize Delta.”
According
to CNN Money, “Unlike its competitors, Delta employees have
declined to join labor unions in the past, priding themselves on having
great relationships with the company and enjoying the freedom to
negotiate contracts with managers one on one.”
Wilson said that the National Mediation Board had violated their
authority under the Railway Labor Act, urging the Senate to “uphold the
original intent of the law, which never included allowing a minority of
workers at a company to unionize. The National Mediation Board has
clearly stepped out of its statutory role as a neutral arbiter, and into
being an advocate on behalf of union organizers.”
Wilson’s sentiments echoed those of the Chair of the National
Mediation Board, Elizabeth Dougherty, who in her dissent wrote,
“Regardless of the composition of the board or the inhabitant of the
White House, this independent agency has never been in the business of
making controversial, one-sided rule changes at the behest of only labor
or management.”
Wilson said this was “just the latest example of an agency seizing
the power to legislate from Congress,” concluding, “First it was
the
EPA with the carbon endangerment finding. Then the
National
Labor Relations Board opening the door for card check. And now the
National Mediation Board allowing for unionization with less than
majority support.”
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