The National Mediation Board (NMB) this week took the first step toward overhauling the union representation election rules for air and rail workers in the United States. The NMB is proposing to change the participation threshold for a successful union election from a majority of eligible voters in a classification to a majority of voters who actually participate in the election.
The NMB published its proposed rule change this week in the Federal Register and is seeking comments from interested parties for 60 days.
“As part of its ongoing efforts to further the statutory goals of the Railway Labor Act, the National Mediation Board (NMB or Board) is proposing to amend its Railway Labor Act rules to provide that, in representation disputes, a majority of valid ballots cast will determine the craft or class representative,” said the Board. "The NMB believes that this change to its election procedures will provide a more reliable measure/indicator of employee sentiment in representation disputes and provide employees with clear choices in representation matters.”
The Machinists union will submit formal comments in favor of the proposed rule change.
The NMB’s proposal has support in Congress as well. “Elections across our country are based on recognizing the choice of the majority of voters who participate in the election. Non-votes are not counted as favoring one outcome or the other. This should be the practice of the NMB as well,” wrote House Committee on Transportation and Infrastructure Chairman James Oberstar and House Committee on Education and Labor Chairman George Miller in an October 29, 2009 letter to the National Mediation Board.
The NMB’s authority to make such a rule change is contained within the Railway Labor Act and has been affirmed by the Supreme Court.


Wed. November 11, 2009
I am anxiously awaiting the end of 60 days so the workers can vote for their representation. This will finally bring about real change and it is about time!!Thu. November 05, 2009
This will make the vote a true secret ballot because in present rules all eligible voters not voting would be considered a no vote thus allowing everyone to know who was counted as a no vote. Its about time!Wed. November 04, 2009
While Unions and Companys should be partnerships. Company\'s usually have the advantage of NO just the same as their Republican allies in congress. Workers are People not Expendable Parts.Wed. November 04, 2009
It\'s about time.This change is long overdue. I never understood how an election could be held and non participants in the election process would be considered as a vote.Wed. November 04, 2009
Companies arent going to like playing ball on a level playing field.Tue. November 03, 2009
Lets hear what they expect to get done w/this. Our membership likes to complain but cares not to attend the union mtgs. We need active involvement! As a union leader you have to filter out some of the venting and take action where needed. We have gotten Amtrak to co-sponsor a food bank drive, for the states of Montana, Washington and Oregon. The food and supplies will go back to the community where they have been collected and food banks are very greatful! So it is all good. Lets hear your feed back! We even shared w/ the Vancouver Yard office and they will put our TCU 2513 info in their newsletter. The need is greater than ever....Tue. November 03, 2009
You should include a link for comments to MNB in support of the proposed rule change. Thanks.Tue. November 03, 2009
It is about time this change is going to be made. Too many election have been voided due to the old rules. This should be positive for workers under RLA and the Unions that represent those workers.