Teamsters Organize 7600 Continental Airlines Workers

Posted on February 13, 2010 by Nelson Cary

 

The National Mediation Board recently completed an election among baggage handlers and cargo agents at Continental Airlines. The Teamsters union was attempting to organize 7,603 workers. What happened? The Teamsters won. The final vote counted 4,102 workers in favor of Teamster representation. Click here for the ABC News story.

The election was conducted under a federal labor law applicable to airline and railroad employees. The rules under that statute are different for union elections than under the NLRA, which applies to most private sector employees. But, they are different in a way that, in one respect, favors employers. Specifically, the Teamsters had to get a majority of votes from those they want to organize, not just a majority of votes of those voting, as is the rule under the NLRA. Thus, those who don't vote are essentially votes against union representation.

So, in a secret ballot election process that favors employers, the Teamsters were nonetheless able to convince over 4,100 employees of Continental that union representation was appropriate for them. The outcome at Continental Airlines runs counter to many of the arguments unions advance in support of EFCA's attack on the secret ballot election process.
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Becker Nomination Fails to Garner 60 Votes

Posted on February 9, 2010 by Nelson Cary

President Obama's nominee to the NLRB, Craig Becker, failed to garner the support necessary to overcome a filibuster earlier today. Click here for the ABC News story. As a result of a "hold" placed on his nomination, under Senate rules 60 votes were required to confirm the nomination. Only 52 senators voted in favor of Mr. Becker.

It appears that Mr. Becker's nomination has become essentially a "proxy fight" over the Employee Free Choice Act (EFCA). Given some of Mr. Becker's writings, along with his work for the SEIU and the AFL-CIO, some senators are concerned that he will use the NLRB's administrative powers to implement significant portions of EFCA without a congressional vote. Mr. Becker's attempt to distance himself from these writings during his confirmation hearing was apparently not enough for the senators with concerns.

It is interesting to note some of the senators who voted against Mr. Becker's confirmation. Newly elected Scott Brown (R-Mass.) was one of those votes, as was Blanche Lincoln (D-Ark.) and Ben Nelson (D-Neb.). These votes would appear to be a signal of a lack of support for EFCA on the part of those who cast them. Indeed, assuming Senate Republicans stay united in their opposition to EFCA, the vote on Mr. Becker would suggest that EFCA does not have the requisite 60 votes to overcome a Republican-led filibuster.

Probably the most significant impact of the vote, however, is its impact on the NLRB as an institution. The NLRB should have five members. For the last couple of years, however, a deadlock on appointments to the NLRB has resulted in only two-members. Indeed, the delegation of power to these two members is currently the subject of an appeal to the U.S. Supreme Court, which challenges the legality of that delegation. As a result, in hundreds of cases, the rulings of the NLRB are in question.

The next move on Mr. Becker specifically, and the nominations to the NLRB generally, will be interesting. The President does have the power to make recess appointments to the NLRB, which has been done in the past. Whatever happens, one thing is for sure: the outcome will have a direct impact on the development of labor law for a number of years.

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Senate HELP Committee Confirms Becker

Posted on February 5, 2010 by Nelson Cary

The Senate Health, Education, Labor and Pension Committee voted yesterday on President Obama's nominee to the NLRB, Craig Becker. Mr. Becker's nomination has been controversial. The vote yesterday was 13-10 to confirm Mr. Becker. The vote split along party lines. Click here for the LA Times story. The nomination next moves to the full Senate. Senator McCain (R-Az.) has promised to again place a hold on Mr. Becker's appointment. If that happens, 60 votes will be needed to confirm Mr. Becker. All eyes will now be on newly elected Scott Brown (R-Mass.).

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Ohio State Employment Relations Board Publishes Mail Ballot Rule

Posted on February 2, 2010 by Nelson Cary

In Ohio, the State Employment Relations Board (SERB) is responsible for, among other things, overseeing union organizing in the public sector workforce (e.g., firefighters and police officers). SERB has been working on a rule that requires union representation elections to be held by mail, rather than through a secret ballot vote at the public employer's place of business. Such an on-site election is supervised by an agent of SERB and was the traditional way in which public employees in Ohio decided if they wanted union representation.

Recently, the SERB's final mail ballot rule became effective. The final rule provides that SERB, in its discretion, may order a mail ballot rather than an in person ballot. If a mail ballot is used, SERB sends out a Mail Ballot Kit, which will include a ballot, a ballot envelope, a pre-addressed, stamped return envelope, and instructions. The regulations provide that there will be a window of 14 days from the date the ballot is mailed for employees to return the ballot to SERB.

SERB's rule leaves open some questions. For example, it appears from the new rule that an in-person election will be held if SERB determines that, in the circumstances of a particular case, it would be "more efficient or appropriate." How that standard will be applied in future union elections involving public employers and employees remains to be seen.

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Senate Holds Hearing on NLRB Nominee Craig Becker

Posted on February 2, 2010 by Nelson Cary

After placing a hold on Craig Becker's nomination to the NLRB, Senator John McCain (R-Az.) and other Senators got their chance to question Mr. Becker in a confirmation hearing earlier today. Hearings on NLRB nominees are rare.

Of President Obama's three appointees, Mr. Becker has been the most controversial. He has strong ties to organized labor, having previously served as an in-house lawyer for the Service Employees International Union and the AFL-CIO. His published writings include assertions that the NLRB could impose "card check" recognition through its administrative process, bypassing the need for Congressional action.

During the hearing, Senators questioned Mr. Becker about, among other things, (1) recusing himself from cases involving the SEIU and (2) his past writings regarding the role of the NLRB in labor law reform. According to published reports, Mr. Becker responded that:

  1. he would recuse himself for the next two years and when his impartiality could be questioned and
     
  2. "'The law is clear that the decision...(of) an alternative route to certification rests with Congress and not the board,' Becker said, adding that the writings were 'intended to be provocative and to ask fundamental questions in order for scholars and others to re-evaluate.'"

Click here for the story from Nasdaq. 

A Senate hearing vote on the nomination of Mr. Becker and President Obama's other two appointees is scheduled for Thursday morning.
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