Latest NMB Rulemaking — Shape Of Things To Come?

Law360, New York (November 18, 2009, 11:58 AM EST) -- For 75 years, the National Mediation Board (“NMB”) has been guided by the principle that representation decisions in the airline and railway industries should be determined by a majority of eligible voters (as opposed to votes cast) in the applicable “craft or class.”

Consequently, employees register their union support merely by submitting ballots that offer the single choice of union representation. An affirmative submission constitutes a vote for representation. Those who decline to vote are deemed to oppose representation.

On Nov. 3, the NMB took the...
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