The Workforce Fairness Institute (WFI) today released the following statement in response to news reports that Congressional leaders have reached an agreement on Federal Aviation Administration (FAA) legislation:

“The agreement reached by Congressional leadership protects the rights of workers in the airline and railroad industries and balances the scales in workplace elections.  While we continue to believe the National Mediation Board (NMB) ruling upending nearly a century of precedent was an extraordinary form of payback to Big Labor bosses, the legislative branch has met its constitutional obligation to serve as a check on the executive,” said Fred Wszolek, spokesperson for the Workforce Fairness Institute (WFI).  “The deal as reported will appropriately require 50 percent of workers in a company to support efforts to organize before a union election can be held as opposed to the current 35 percent.  Another noteworthy provision ensures run-off elections are between the top two recipients of worker votes ending the practice of allowing a union with less support than the no-union vote to remain on the ballot.  Lastly, the NMB will now be required to conduct public hearings when engaging in significant rulemaking.  At the end of the day, this is a decisive victory for workers and significant defeat for union bosses who sought to use an Obama regulatory agency to stack the deck against employees and employers.”

BACKGROUND:

“Congressional Leaders Compromise On Unionizing Of Airline Workers, Clearing Way For FAA Bill”:

“Lawmakers reached a compromise Friday that toughens the rules airline and railroad workers must follow to hold union elections, boosting prospects for passage of a long-term funding plan for the Federal Aviation Administration, congressional aides said.  The compromise – negotiated primarily between Senate Majority Leader Harry Reid, D-Nev., and House Speaker John Boehner, R-Ohio – was the most contentious of a handful of unresolved issues holding up passage of an FAA bill.  The issue was partly responsible for a standoff between Senate Democrats and House Republicans last summer that led to a two-week partial shutdown of the FAA, including the furlough of nearly 4,000 workers.  The Republican-controlled House was insisting the FAA bill include language to overturn a 2010 National Mediation Board ruling allowing airline workers to form a union by a simple majority of those who voted in the election.  Prior to that, workers who didn’t vote were treated as ‘no’ votes, making it possible for a union to lose an election even with the support of a majority of those voting.  With Democrats adamant that the board’s ruling must stand, Republicans dropped their demand in exchange for concessions that are likely to be less troublesome to labor.  The compromise reached Friday would require that 50 percent of a company’s workers indicate support for holding an election to form a new union before a vote can be held.  Currently, the threshold is a 35 percent show of support – usually by workers signing cards – in order to hold an election … Another change would allow for a run-off election between the top two vote-getters, even if one of those two is the option of ‘no union.’  And, the mediation board would have to hold a public hearing before making a significant rule change.  The board oversees only labor matters in the airline and railroad industries.” (Joan Lowy, “Congressional Leaders Compromise On Unionizing Of Airline Workers, Clearing Way For FAA Bill,” The Associated Press, 1/20/12)