The National Mediation Board has agreed to postpone by a few weeks the effective date of a new rule that will make it easier for U.S. airline employees to unionize.

At a status conference May 26 with the judge overseeing an Air Transport Association lawsuit challenging the rule (DAILY, May 18), the NMB agreed to move the effective date from June 10 to June 30. That allows the court to move from June 3 to June 14 a hearing on the ATA’s request for a preliminary injunction to at least temporarily prevent implementation of the rule.

There will still be a hearing at the U.S. District Court for the District of Columbia on June 3, but it will be on the ATA’s motion for expedited discovery and a final hearing on the merits.

The ATA issued a statement May 26 in which it said it is pleased about the delay in the effective date of the rule because it “gives the courts a more reasonable time frame to hear arguments and render a decision on our motion for a preliminary injunction.”

The ATA is asking the court to declare as invalid the NMB’s May 10 final rule that would allow a vote for or against unionization to be determined by a majority of the people actually casting votes. Current practice is to require a majority vote in favor of the union from every worker eligible to vote, with non-votes essentially counted as "no" votes.

The ATA wants to prove that the NMB lacks the statutory authority to change the law, arguing that is for Congress to decide. The NMB, however, has repeatedly asserted that it was given the right to “interpret” election rules as it sees fit by Congress.

The U.S. Chamber of Commerce on May 24 filed a motion to join the lawsuit in support of the ATA’s position, and the International Brotherhood of Teamsters filed a motion on May 26 to join the lawsuit in support of the NMB.

Image: NMB