Worker Advocate Urges House Chairmen to Investigate Questionable Pro-Union Rule Change

National Mediation Board’s new rules allow airline and railway workers to be unionized without majority support

Washington, DC (January 10, 2011) – The National Right to Work Foundation, which provides free legal assistance to employees nationwide, is urging Congress to investigate a recent rule change at the National Mediation Board (NMB) that dramatically increases the power of union officials to organize workers in the airline and railway industries. Foundation President Mark Mix submitted letters to Representatives John Kline, John Mica, and Darrell Issa on Wednesday, encouraging them to open an immediate investigation into the NMB’s new election procedures.

Last year, the Board hastily implemented new union certification procedures over the objections of NMB Chair Elizabeth Dougherty. Foundation attorneys currently represent five Delta employees who are challenging the NMB’s rule change in federal court.

The two NMB members who voted to approve the new rule, Harry Hoglander and Linda Puchala, are former union officials with the Air Line Pilots Association (ALPA) and Association of Flight Attendants (AFA). Both unions were a major part of an AFL-CIO-led coalition that prompted the NMB to discard its previous election procedures, which had remained in force for 75 years under both Democratic and Republican Administrations.

Click here to read more. 

For decades, Delta Air Lines flight attendants have repeatedly rebuked Association of Flight Attendants (AFA) union organizers' efforts to take monopoly bargaining control over their workplaces.

Despite a recent intense union organizing campaign, AFA union officials have lost yet another union organizing election, but true to form, AFA union bosses refuse to leave this independent-minded group of employees alone due to their blind lust for more forced union dues dollars.

So yesterday, more than thirty flight attendants from across the country met outside the AFA union headquarters on their day off to send them a message: "Leave us alone!"

From one participating flight attendant:

Flight attendants [from] more than seven bases spent three hours in the wind and bitter cold. The bundled-up group marched in front of the Communications Workers of America building, the posh home of AFA... Each flight attendant carried homemade signs with messages, ranging from “Respect Our Choice,” to “No Means No” and “No Union, No Dues, No Problem.”

Hats (and beanies) off to this courageous group of independent-minded employees as they take a stand for their workplace rights.

Read more about how fed-up Delta flight attendants are taking the fight to AFA union bosses in the July/August 2010 edition (pdf) of National Right to Work's newsletter, Foundation Action.

Over the Labor Day weekend, columns by National Right to Work president Mark Mix appeared in newspapers across the country and online exposing Big Labor's power grabs and coercive practices over American workers.

In Investor's Business Daily Mix highlighted the extremism and ethics problems of Craig Becker, the Service Employee International Union's (SEIU) inside man at the National Labor Relations Board (NLRB):

In the face of bipartisan opposition, Obama bypassed Congress and installed Becker at the NLRB through a recess appointment. Now that he's established at the head of an agency responsible for overseeing American labor law, Becker is poised to expand Big Labor's privileges even further.

Faced with apparent conflicts of interests brought to light by the National Right to Work Foundation, Becker quickly downplayed any connection to the SEIU, his longtime employer. Despite crafting legal strategies on behalf of that union for much of his career, Becker refused to recuse himself from several NLRB cases involving the SEIU's local affiliates.

Despite his relatively brief tenure, Becker's biases are already evident. In one recent case, Becker wrote that the board should consider waiving rules that require union bosses to provide workers with independently audited breakdowns of union expenditures.

On National Review Online, Mix outlined union militants' stealth to bypass Congress to implement radical changes to labor law that grant new special privileges to union bosses at the expense of hardworking Americans:

By cramming the NLRB full of forced-unionism operatives, Obama has successfully laid the groundwork for a stealthy push to undermine the rights of American workers. The NLRB’s administrative agenda and electronic-voting schemes now threaten to undo much of the hard work that went into defeating card-check legislation.

Some doubt that such sweeping changes could be enacted without congressional approval, but we’ve already seen Big Labor’s strategy in action. The National Mediation Board (NMB), a federal agency that governs airline and railway employees, has just enacted a far-reaching rule change that allows for workplace unionization without the consent of a true majority of employees.

Mix exposed Big Labor's plot to monopolize government-sector workers in the Washington Times:

The outsized power and privileges of government union bosses clearly are a major force behind the unsustainable growth of government payrolls. According to data furnished by respected labor economists Barry T. Hirsch and David A. Macpherson, nonunion government employment nationwide actually fell by 2 percent, but Big Labor-controlled government employment grew by nearly 4 percent from 2007 to 2009.

Government union bosses' success in expanding the ranks of employees under their monopoly bargaining power - even as private-sector and nonunion government payrolls have shrunk - spells trouble for the future of the American economy. Our country simply must reverse the long-term trend in which the growth of government-union employment far exceeds that of private-sector employment in good and bad times alike.

Otherwise, American taxpayers and businesses are destined to face ever-more-onerous tax burdens to pay for bigger and bigger government in the decades to come.

Finally, in local newspapers nationwide including the Duluth News Tribune, Mix warned that no worker is safe from the union moguls' designs:

Take Major Stephen Godin, a retired Marine who has instructed ROTC in Worcester, MA, for 15 years. Major Godin’s dedicated service to his country and his students deserves our respect and gratitude.

But three months ago, Massachusetts Teachers Association union officials threatened his dismissal for not paying union dues, even though he is not a member of the union. Because Massachusetts lacks a Right to Work law making union association strictly voluntary, nonmembers can be forced to pay some fees to a union as a condition of employment.

Public outcry prompted the governor to exempt ROTC instructors from forced-dues requirements, but other teachers across the state still labor under compulsory unionism.

Mark Mix also appeared on nationally syndicated and local radio shows coast-to-coast.

Last week, the National Mediation Board ordered a union "representation" election for Delta Air Lines flight attendants. The NMB will conduct the election under its new controversial rules approved by the two former union officials who now comprise a majority of the board.

The new procedure stacks the deck in favor of unionization by granting a union monopoly bargaining power over railway or airline industry workers if the union acquires support from just a bare majority of workers who turnout for an election, no matter how few actually vote.

But Delta flight attendants, and other workers in the airline and railway industries who could soon find themselves in similar situations, won't know that by reading the Frequently Asked Questions page on the NMB's website.

28. Q: How do voters vote no?

A: If a voter does not wish to be represented, they should not call the TEV telephone number or access the NMB’s Internet voting website.

As National Right to Work Foundation staff attorney Glenn Taubman explains in a letter to the NMB (PDF), this is false and should be immediately corrected so workers can vote in accordance with the rule change.

It's not like the Obama Administration has a habit of keeping independent-minded employees in the dark about their rights or anything...

Airline Workers Challenge Federal Ruling on Sham Transportation Unionization Election Procedures

Appeal contests federal district court ruling that upheld new policy stacking the deck in favor of forced unionization of railway and airline employees

Washington, DC (July 22, 2010) – With free legal aid from National Right to Work Foundation staff attorneys, five Delta Air Lines employees have appealed a U.S. District Court judge’s decision to uphold a major rule change on how a union is imposed on railway and airline industry workers.

In June, U.S. District Court for the District of Columbia Judge Paul Friedman refused to impose an injunction halting the new unionization election procedures, which were hastily instituted over the objections of National Mediation Board Chair Elizabeth Dougherty.

The two NMB members who approved the new rule, Harry Hoglander and Linda Puchala, are former union officials with the Air Line Pilots Association (ALPA) and Association of Flight Attendants (AFA) unions, respectively. Both unions are a major part of an American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) union-led coalition that urged the NMB to discard its election policy of 75 years.

The new procedure stacks the deck in favor of unionization by granting a union monopoly bargaining power over railway or airline industry workers if the union acquires support from just a bare majority of eligible workers in an election, no matter how few actually vote. This means that a small bloc of workers could force union boss “representation” on the whole group rather than having a true majority of all workers deciding for themselves.

Read the full release by clicking here.

The July/August 2010 issue of Foundation Action is now available for download as a PDF. This is the Foundation's official bimonthly publication that provides an excellent overview of hard-hitting legal actions being taken by Foundation attorneys every day to combat forced unionism.

This issue's top story details Delta Air Lines employees' legal challenge to Obama Administration appointees' scheme to push railway and airline  workers into forced union ranks.

Also in this issue:

• Union Bosses Illegally Threaten Workers with Termination
• Avoid Stock Market Uncertainty with a Charitable Gift Annuity
• Workers Take Stand Against Teamster Union Boss Intimidation
• The Detroit News: Michigan Will Benefit with Workplace Choice

In addition to to reading Foundation Action online, you can sign up to receive a free subscription by mail here.

Delta Employees File Motion to Join Legal Challenge to Controversial Transportation Unionization Rule

Former union officials on National Mediation Board created new policy stacking the deck in favor of forced unionization of railway and airline employees

Washington, DC (May 20, 2010) – Acting for three flight attendants and two customer service representatives at Delta Air Lines, National Right to Work Legal Defense Foundation attorneys have filed a motion to intervene in a federal lawsuit that seeks to overturn a dramatic rule change on how a union is imposed on railway and airline industry workers.

Airline employers have filed a federal lawsuit against the National Mediation Board (NMB), the federal agency tasked with administration of labor relations within the railroad and airline industries, attacking its controversial rule change that overturns 75 years of precedent. The new procedure stacks the deck in favor of unionization by granting a union monopoly bargaining power over workers if the union “wins” an election, no matter how few eligible workers actually vote. This means that a small bloc of workers could force union boss “representation” on the whole group rather than having a true majority of all workers deciding for themselves.

Foundation attorneys argue that the new rule is unconstitutional because it violates the workers’ rights of freedom of association and due process, especially when the union can only demonstrate support from a minority of workers in the class or craft.

Read the full release by clicking here.

Worker Advocate Demands Federal Disclosure on Controversial Transportation Union Rule Change

Former airline union officials should not use federal power to help their
unions corral tens of thousands of workers into union membership

Washington, DC (March 5, 2010) – The National Right to Work Legal Defense Foundation has filed a Freedom of Information Act (FOIA) request with the National Mediation Board (NMB) seeking records of any communication between two of its three members – both former union officials – and any union official or lobbyist concerning a dramatic rule change proposal on how a union is imposed on non-union railway and airline industry workers.

The NMB, the federal agency tasked with mediating labor disputes within the railroad and airline industries, is poised to roll back 75 years of precedent and change labor union organizing regulations, greasing the skids for union organizers to lock industry workers into union ranks. The new procedure would stack the deck in favor of unionization by granting a union monopoly bargaining power over workers if the union “wins” an election, no matter how few eligible workers actually participate in the vote. In fact, this means that a small bloc of workers could force union boss “representation” on the whole group as opposed to a true majority of all workers deciding for themselves.

Read the full news release.

Union bosses want to their unions to be akin to roach motels:  Easy to check in, but impossible to check out.

On Monday, National Right to Work Foundation Vice President Raymond LaJeunesse presented the perspective of independent-minded workers at the National Mediation Board's (NMB) hearing on proposed changes to labor regulations under the Railway Labor Act (RLA) that would enable union organizers to corral tens of thousands of non-union railway and airline industry workers into union membership.

Unfortunately, the NMB -- the government agency charged under the RLA with mediating labor disputes within the railroad and airline industries -- voted 2-1 to consider dramatic changes concocted by the bosses of the AFL-CIO union and 30 other unions. The changes would dictate a new system in which just a majority of workers affirmatively voting in a union organizing election to impose unionization on the whole collective bargaining unit.  The current system requires union organizers to obtain the consent of a true majority of workers in a given bargaining unit to accept their "exclusive representation."

The Foundation's vice president and legal director argued before the NMB that the proposed changes further stack the deck against independent-minded workers who must compete against Big Labor’s well-funded, professional organizing machine -- operating across entire, often-nationwide bargaining units -- to secure their right to be free from union boss "representation." The proposed scheme imposes a greater burden on employees who wish to refrain from union membership by forcing them to either take affirmative action to protect rights that should already be secure -- or otherwise allow far less than a majority of their colleagues take away their independence.

Furthermore, Foundation attorneys also argued that the NMB needs establish a formal process under the RLA for workers wanting to remove a union as their monopoly bargaining agent as required under Foundation-won precedent in U.S. federal court.

To read the Foundation's statement, click here.

UPDATE: On December 29, Foundation attorneys filed formal comments to the NMB. In them, the Foundation argued key four points:

• The NMB lacks the authority to make the proposed changes, only Congress does.
• The NMB's application of the definition of what makes a monopoly bargaining unit makes it virtually impossible for independent-minded employees combat professional union organizers.
• Workers who have no interest in union membership are forced to take action to oppose the union bosses' "representation."
• It is extremely difficult for employees to remove a union, especially so because the NMB has not established a procedure to allow workers to terminate a union hierarchy's monopoly bargaining privileges.

For these reasons, Foundation attorneys argue that the NMB should reject the proposed changes just as they did as recently as 2008.  To read the formal comments, click here.

Recently, the National Right to Work Foundation sounded the alarm about an under-the-radar attempt by Big Labor to make dramatic changes to labor regulations under the Railway Labor Act (RLA), enabling union organizers to force independent-minded railway and airline industry workers into unwanted union membership.

Big labor partisans from over 30 unions, led by AFL-CIO, pushed to change the current system requiring union bosses to obtain the consent of a true majority of workers in a given bargaining unit to accept their "exclusive representation."  Instead, they want a new system that allows just a majority of workers actually voting in a union organizing election to impose unionization on the whole group -- thereby giving union officials the upper hand over workers who would otherwise decline union affiliation.

Unfortunately, the National Mediation Board (NMB), the government agency charged under the Railway Labor Act with mediating labor disputes within the railroad and airline industries, voted 2-1 to discard 75 year old precedent and assist Big Labor in maximizing unionization of workers under the jurisdiction of the RLA.  Right to Work litigators sprung into action filing formal comments defending independent-minded workers against the NMB's draconian maneuver.

Now the Foundation has requested to testify at the NMB's December 7, 2009 hearing on the proposed policy changes.  Naturally, the Foundation -- as America’s preeminent workers’ rights advocacy organization -- is in a unique position to provide the needed perspective of individual workers opposed to forced unionism.

Given the opportunity, Foundation attorneys will point out that the proposed changes makes it exceedingly difficult for independent-minded workers to resist Big Labor’s well-funded, professional organizing machine -- operating across entire, often-nationwide bargaining units -- and imposes a greater burden on employees who wish to refrain from union membership by forcing them to either take affirmative action to protect rights that should already be secure or otherwise allow far less than a majority of their colleagues take away their independence.