On July 26, 2019, the National Mediation Board (NMB) published the Final Rule that allows railroad and airline employees to decertify representation without having to utilize a “straw man.” RWP Labor participated in this process by testifying at the NMB hearing on the rule change and by submitting comments.

Read the official NMB press release about the Final Rule to Simplify Decertification here. A transcript of my testimony can also be found through that link.

For years, the International Association of Machinists (IAM) has been trying to unionize Delta Airline’s flight attendants and baggage handlers without success, a failing they claim stems from anti-union tactics by Delta.

After filing a complaint against the airline in May with the National Mediation Board (NMB), which handles labor relations with the airlines, IAM did not receive the response they wanted. The NMB has declined to investigate the allegations, stating they are unable to do so because the union has not filed an application for a unionization election.
NMB general counsel Mary Johnson wrote in a letter to the union that “the NMB would consider that request” if IAM decided to file an application for an election and request a pre-election investigation.

IAM general vice president Sito Pantoja responded to NMB’s decision with the statement, “By refusing to act, the NMB is saying that Delta firing workers for supporting a union election is an ordinary way of doing business, and therefore not worth an investigation.”

Read more about the complaint here.

In another blow to United Auto Workers, employees at Volkswagen’s Chattanooga plant voted against unionization on June 7 with 833 (51.8%) voting against the union and 776 (48.2%) voting for unionization. Overall, 93% of eligible employees voted.

While anti-union employees criticized the union for “the ongoing federal corruption probe of the union in Michigan and for what they felt were unfair attacks by the UAW and its supporters against the automaker,” pro-union employees “had eyed the opportunity to bargain with the company over issues such as health and safety, working conditions, paid time off, and the bolstering of retirement plans” according to the Times Free Press.

The last full union vote in 2014 handed UAW a 712-626 defeat, with a smaller group of maintenance workers going on to approve the union approximately a year later. Volkswagen would not bargain with the smaller unit, stating it wanted a vote of all production and maintenance workers. This vote honored the automaker’s request.

Read the full article here.

The following “Notice of Proposed Rulemaking” comes verbatim from the Office of Labor-Management Standards (OLMS), released May 30, 2019. The Office of Labor-Management Standards (OLMS) today published a Notice of Proposed Rulemaking (NPRM) to establish a Form T–1 to require annual reporting on financial information pertinent to “trusts in which a labor organization is interested” (“section 3(l) trusts”).  See: www.govinfo.gov/content/pkg/FR-2019-05-30/pdf/2019-10971.pdf. Historically, this information has largely gone unreported despite the significant impact such trusts have on a labor organization’s financial operations and their members’ interests. This proposal is part of the Department’s continuing effort to better effectuate the reporting requirements of the Labor-Management Reporting and Disclosure Act (LMRDA). The Department proposes to require a labor organization with total annual receipts of $250,000 or more to file a Form T–1, under certain circumstances, for each section 3(l) trust, as defined by 29 U.S.C. § 402(l) of the LMRDA. Under this proposed rule, the Form T-1 reporting requirements are triggered where the labor organization during the reporting period, either alone or in combination with other labor organizations, (1) selects or appoints the majority of the members of the trust’s governing board, or (2) contributes more than 50 percent of the trust’s receipts.  Through transparency, the LMRDA’s various reporting provisions are designed to empower labor organization members by providing them the means to maintain democratic control over their labor organizations and ensure a proper accounting of labor organization funds. Labor organization members are better able to monitor their labor organization’s financial affairs and to make informed choices about the leadership of their labor organization and its direction when labor organizations disclose financial information as required by the LMRDA. By reviewing a labor organization’s financial reports, a member may ascertain the labor organization’s priorities and whether they are in accord with the member’s own priorities and those of fellow members. At the same time, this transparency promotes the labor organization’s own interests as a democratic institution and the interests of the public and the government. Furthermore, the LMRDA’s reporting and disclosure provisions operate to safeguard a labor organization’s funds from depletion by improper or illegal means. Timely and complete reporting helps to deter embezzlement or other improper use of such funds. To Submit Comments: OLMS must receive comments by July 29, 2019, identified by RIN 1245-AA09, and submitted by the following method: Internet—Federal eRulemaking Portal. Electronic comments must be submitted throughhttp://www.regulations.gov. To locate the proposed rule, use key words such as “Labor-Management Standards” or “Labor Organization Annual Financial Reports for Trusts” to search documents accepting comments. Follow the instructions for submitting comments. Please be advised that comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Submit comments under the Paperwork Reduction Act by mail to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-OLMS, Office of Management and Budget, Room 10235, 725 17th Street, N.W., Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free number); or by email: [email protected]. Commenters are encouraged, but not required, to send a courtesy copy of any such comments to OLMS. For Further Information Contact: Andrew R. Davis, Chief of the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue N.W., Room N-5609, Washington, DC 20210, [email protected], (202) 693-0123 (this is not a toll-free number), (800) 877-8339 (TTY/TDD).

The Office of Management and Budget’s Office of Information and Regulatory Affairs released the National Labor Relations Board (NLRB) rulemaking priorities today. The release, included in the twice-yearly Unified Agenda of Federal Regulatory and Deregulatory Actions (Long Term Actions/Short Term Actions), is based on a submission prepared at the direction of NLRB Chairman John F. Ring. Chairman Ring stated, “The Agenda reflects the Board majority’s strong interest in continued rulemaking. Addressing these important topics through rulemaking allows the Board to consider and issue guidance in a clear and more comprehensive manner.” In addition to the NLRB proceeding joint-employer standard rulemaking, the Board will also consider rulemaking in the following areas:

• Current representation-case procedures;
• Standards for blocking charges, voluntary recognition, and the formation of Section 9(a) bargaining relationships in the construction industry;
• The standard for determining whether students who perform services at private colleges or universities in connection with their studies are “employees” within the meaning of Section 2(3) of the National Labor Relations Act (29 U.S.C. Sec. 153(3)); and
• Standards for access to an employer’s private property.

Find the official NLRB press release here.