NATIONAL MEDIATION BOARD
Press Release
Washington, D.C. 20572
(202) 692-5000
January 31, 2019
FOR IMMEDIATE RELEASE
NATIONAL MEDIATION BOARD (NMB)
Contact: NMB Public Information Line — (202) 692-5050
Re: NMB Proposes Rule to Simplify Decertification; Eliminate Straw Man Requirement
Washington, D.C. – On January 31,2019, the National Mediation Board (NMB) published a Notice of Proposed Rulemaking to allow a straightforward election process to decertify representation. The proposed rule reflects the Board majority’s view that this change is necessary to ensure that each employee has a say in their representative and remove unnecessary hurdles for employees who no longer wish to be represented. Board Member Linda Puchala dissented.
The proposed rule would eliminate the “straw man” process employees are currently required to navigate in order to exercise the right to decertify. Under the “straw man” process, employees with current representation seeking a decertification election must submit authorization cards seeking representation by an individual employee who must be listed by name. If “straw man” cards are submitted representing at least 50% of the employee group, an election is directed allowing employees to vote for their current representative, the “straw man,” no union, or a write-in option. In order to decertify, employees must vote for “no union” or for the “straw man” who, once certified, can subsequently disclaim interest.
Under the proposed rule, employees would be able to submit authorization cards stating the intention to decertify. If cards are submitted representing the intent of at least 50% of the employee group to decertify, the Board will authorize an election with the current representative and “no union,” along with a write-in option.
Additionally, the two year election bar currently applied following a successful representation election will similarly be applied to a successful decertification election.
The proposed rule may be viewed here: Federal Register link
Public comments are invited on all aspects of the proposed rule and should be submitted by the close of the comment period on April 1, 2019. Public comments, identified by Docket No. C-7198, may be submitted: (1) electronically to www.regulations.gov or on the NMB’s website, www.nmb.gov; (2) by email to legal@nmb.gov; (3) by fax to (202) 692-5085; or (4) by mail or hand delivery to National Mediation Board, 1301 K Street, N,W Suite 250E, Washington, D.C. 20005
A hearing on the proposed rule will be scheduled before the close of the comment period. A Notice of Hearing will be published announcing the hearing date and location.
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The National Mediation Board (NMB) is an independent agency created by the Railway Labor Act, which governs labor management relations in the railroad and airline industries. To avoid serious disruptions to the Nation’s economy and protect the public interest, the Act imposes on carriers and their employees the duty of settling disputes through negotiation, mediation, and arbitration. The NMB, headed by three Presidential appointees, has as its chief statutory responsibilities: (1) mediation of collective bargaining disputes; (2) determination of employee representation for collective bargaining processes; and (3) administration of a grievance arbitration system.
Contact: NMB Public Information Line: 202-692-5050
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