The National Mediation Board in a 2-1 decision proposes to change representation election rules in the airline and railroad industries to allow workers to vote “yes” or “no” for union representation and to determine the outcome by a majority of the votes cast.

A notice containing the decision, proposed rule, and request for comments is scheduled to be published in the Nov. 3.

The change was requested in early September by the AFL-CIO and more than 30 unions, who say the 75-year-old policy of requiring a majority of all workers who are eligible to vote to cast ballots in favor of representation for a union to be certified unfairly counts those who do not participate in the election as “no” votes. In its notice, NMB says the proposed rule “will provide a more reliable measure/indicator of employee sentiment in representation disputes and provide employees with clear choices in representation matters.” The board will make a final decision on whether to adopt the rule after taking public comment for 60 days.

Chairman Elizabeth Dougherty, the only Republican on the three-member panel, dissented from the proposed change, which was made by Democrats Linda Puchala, a former president of the Association of Flight Attendants, and Harry Hoagland, a former airline pilot. The change also is opposed by major airlines and the U.S. Chamber of Commerce.
Comments may be submitted by mail or hand delivery to National Mediation Board, 1301 K St., NW., Ste. 250E, Washington, DC 20005; by fax to 202-692-5085; by e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it ; or through the Federal Rulemaking Portal at http://www.regulations.gov.