7/02/2011

Obama administration keeps changing Union election rules hoping to change union vote outcomes

If you can't win the elections, change the rules. But not surprisingly it doesn't seem that Obama cares about playing fair.

The latest example is taking place largely out of sight -- at the National Mediation Board, a little known agency that oversees union elections for railroads and airlines. Late in 2010, flight attendants for the nonunion Delta and its unionized Northwest Airlines (acquired in a 2008 merger) voted thumbs down on joining the Association of Flight Attendants. The board -- where two of the three members are former top union officials -- reacted by investigating Delta for "interference" in the election, prompted by union claims that the company circulated too much literature.
Another vote is likely to follow, even though this was the third time Delta (DAL, Fortune 500) flight attendants had rejected the union. And here's another twist: The union lost that November vote even after the NMB changed the rules -- in place since the 1930s -- to require that only a majority of those who vote, not a majority of the workplace, needs to sign off on unionization.
"They voted under new rules that the unions asked for," Delta CEO Richard Anderson told Fortune via email. "They've done everything asked of them. And because they said no to union representation, their decisions aren't being respected; they're being held hostage." . . .
Changing the rules is a strategy also deployed by the higher-profile National Labor Relations Board, where the President opted for a recess appointment of union lawyer Craig Becker after it became clear his confirmation would be blocked by Republicans (backed by alarmed business groups), along with a handful of Democrats. Last week, NLRB proposed sweeping new rules cutting the amount of time available to employers to make their case prior to a union vote -- an action the Chamber of Commerce rightly denounced as a "another not so cleverly disguised effort to restrict the ability of employers to express their views" during a union campaign. . . .

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