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The Public Policy
Busting Union Reform
Congress misses a rare opportunity to enact needed reforms to America’s labor laws.
Senate Majority Leader Harry Reid is touting the recent passage of his “compromise” bill reauthorizing the Federal Aviation Administration, the agency that oversees U.S. air transport. Unfortunately for airline workers, Congress missed a rare opportunity to enact needed reforms to America’s labor laws.
After months of heated debate, leaders finally reached a deal late last month when House Republicans’ promised to drop controversial labor language from the bill in exchange for Reid’s concession to remove some particularly onerous provisions. But those concessions amount to mere Band-Aids on a labor regime that systematically favors powerful unions at the expense of individual workers — and the flying public.
Before Congressional Republicans cut their deal with Senator Reid, they had sought to overhaul the Railway Labor Act (RLA), the federal law that governs labor regulations for the nation’s railroads and airlines. An earlier version of the FAA Reauthorization Act would have reversed new union election rules recently promulgated by the National Mediation Board (NMB), a three-member panel that’s overseen airline labor regulations since 1936.
In 2010, the NMB changed a longstanding RLA election rule. For 75 years, the rule required a petitioning union to receive a majority vote of at least 50 percent plus one of all workers in a job category—known as a “class or craft”—for it to be recognized as the exclusive bargaining agent for that group of workers. Under the NMB’s new rule, however, a union need only win a majority of votes cast.
While the new rule has made it easier than ever for unions to win elections, the original rule already stacked the deck in unions’ favor. More than 80 percent of railroad workers and 70 percent of airline workers are unionized.
Under the original rule, when multiple unions petitioned to represent a class or craft but none received a majority of the votes, a runoff election was to be held. Yet only unions were eligible to participate in runoff elections. For example, imagine that 100 workers vote in an election, with Union A and Union B each receiving 30 votes, while the “No Union” option gets 40. The runoff ballot would only include Unions A and B, even though “No Union” won a plurality of the votes in the first round.
Under the new “compromise,” runoff election ballots may include the “No Union” option only if it is one of the top two vote getters in the first round. But why should the “No Union” option have to meet any conditions before workers may vote for it? Workers’ right to opt out of union membership should never be circumscribed.
Reid also agreed to raise from 35 percent to 50 percent the threshold of workers in a class or craft “showing of interest”—usually by signing a union authorization card—to trigger an election. But this tweak is largely cosmetic, as most unions have a longstanding policy of not filing for an election until they have signed union cards from at least 50 percent of workers in a bargaining unit, anyway. (Under existing rules, workers who want to oust a union are already required to get a 50 percent showing of interest to trigger a decertification election.)
Another largely cosmetic change is a new requirement for public hearings for any future proposed rule changes by the NMB. Sunshine never hurts, but an NMB determined to push through a bad policy will go ahead regardless of what happens at any hearings, especially since the board is exempt from congressional accountability or judicial oversight.
The FAA Reauthorization Act needed to move forward. But the compromises serve the interests of neither railroad and airline workers nor the traveling public. Rather, they benefit the unions and validate Harry Reid’s strategy of ignoring legislative issues that do not benefit special interests favorable to him. After a long fight, the Railway Labor Act remains in severe need of major reform.
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Chris| 2.13.12 @ 6:36AM
This is why all the Unions are "Mobbed-Up" with the seal of approval by most Congresscritters who are up to their elbows in the Union PAC funds cash. Paid to look the other way. Move on nothing to see here! Watch out for the garlic infused olive oil on the way out.
Timothy L. Pennell| 2.13.12 @ 6:49AM
This is simple: The Republican "Leadership" has got to GO. The House and the Senate. Everyone who isn't to the Right of Pat Buchanan, needs to Sit Down, and zip it.
No more Deals. No more Compromises. We've got a Go Along to Get Along Establishment Bunch, in there, and the the Democrats just Beat them like a Rented Mule.
The concept of: "We've got to GET THINGS DONE" is a buncha Bullsh*t. They've got to STOP doing things. STOP intruding on our Lives. STOP with the Laws, already. We have enough fcking laws for 5 Countries. How about they start following the laws?
Where's the MFing BUDGET, for last 3 Years? How is it that these people can INSIDE TRADE, and I can't? How is it that they can get away with NOT PAYING TAXES, (Charlie Rangel/Al Sharpton) but I can't? How is it that, every time we turn around, our President has turned in to a KING, ruling from on High, and forcing us to Pay for his Re-Election Scheme of Free Abortions, Free IUD's, Free College, Free Cell Phones, and Free Houses.
When is SOMEBODY gonna step up?
Where's the rest of the TARP Money?
Where's the rest of the Stimulus/Slush Fund Money?
Why do these Companies keep rolling over for this POS?
And, what will become of the Muslim Half Breeds' new take? The $25 Billion that he just got from the BANKS that took TARP Money?
Congress missed a rare opportunity to enact needed reforms to blah, blah, blah, blah, blah.
They haven't passed a Budget in over 1,000 Days.
The only "Missed Opportunity", as far as Congress is concerned? Is when Flight 93 fell short of its' target.
That's right! I SAID IT!
Chuck| 2.13.12 @ 11:25AM
"The only "Missed Opportunity", as far as Congress is concerned? Is when Flight 93 fell short of its' target."
It would have been a shame to lose the historic paintings and artifacts, though.
chuck| 2.13.12 @ 11:26AM
and were the criminals at work that early in the morning?
Alan Brooks| 2.13.12 @ 1:09PM
Tim, you're quite sentimental, but you want to move into the future somehow? that's a Southern-thing: you want the old times that is not forgotten yet you want a New South (of some sort).
Doublemindedness. Like, you can't be Amish and drive a souped-up car.
Make up your mind either way. Do 'the business', or get off the pot.
SUBVET| 2.13.12 @ 8:23PM
Tim..........your starting to sound like Mark R. Levin.........and he tells it like it is.
On track again...hot straight and normal.
Indy| 2.13.12 @ 7:19AM
This bill also allowed for drones to fly over the US, barely any news coverage about this, couple this with NDAA, yes the GOP leadership has got to go, spending grows and freedoms are lost.
Von Mises Jr.| 2.13.12 @ 9:08AM
Unions are a socialist dream. First you have the money laundering in the Democrat Party. Second, politicians buy votes with other people's money. And third, they get to pit Americans against each other.
The public school teacher next door worked just over 35 years retiring under 60 with $100K per year in pension and benefits. A teacher and cop retires in the Northeast together at 55 with about $150K combined pension and benefits.
The salesman, auditors, secretaries and self-employed are told to work hard to pay for the retired public union worker's benefit packages.
Perhaps "Atlas Shrugged" is the true Bible of the left. It is a blueprint for societal breakdown.
cicero| 2.13.12 @ 11:21AM
It is about time that the discussion began to distinguish between public and private sector unions. We have to do away with all public sector unions, freeze whatever is in the pension plans, or just distribute it on a prorata basis, and stop contribugting to them. Let the mardet place determine the wages of the teachers and administrators both at the elementary level and in higher academe. Cut out student loans altogether, along with education grants. You will be suprised how fast the cost of education falls to reasonable levels. They will only be able to charge what people can afford.
As far as private sector unions are concerned, the governmentr should just get out of the way. If the workers bankrupt their employers, others will step in to provide the product or service, and those workers will have to figure it out. If the employers can't afford to fund the pernsion plans, the workers who bankrupted their employers can line up at the bankruptcy court window and file their claims like everybody else. Harsh, maybe, but it does have a touch of reality, which is currently lacking.
TrueBlue | 2.13.12 @ 5:05PM
So long as the employer has the option of firing the union workers forcing his business under. As it is you have private companies beholden to unions that really have no say in how their own company is run and are FORCED to hire union only workers (auto being a good example).
Bill| 2.13.12 @ 12:55PM
Abolish all the public sector unions.
Kudos to Gov. Walker of WI, Gov. Daniel of IN, Gov Kashich of OH for balancing the budget and implementing reform plan.
TrueBlue | 2.13.12 @ 5:07PM
Remove Executive Order 10988, that'll remove the ability of federal employees to unionize for the purpose of bargaining rights. Takes care of TSA, the FAA, Railroads, and Public Indoctr...Education.
Steven Hansmann| 2.14.12 @ 3:22AM
As a VA hopsital employee, I agree; if you remove the ban on "essential employees", I'm an RN, to strike. Can't have it both ways you twit.
capatolistmom| 2.13.12 @ 5:06PM
Unions and labor laws aren't going to make much difference as the majority of labor related positions moves out of the country. Unions have made it impossible to make things in this country anymore.
Those unions are sure taking care of the union workers who could have long lasting big paying jobs working on that Keystone Pipeline. Oh thats right your union leaders fought hard but the environmentalist won the debate. You unions need a Robert Redford on your payroll.
Dimitry Aleksandrovich| 2.14.12 @ 2:42AM
That's a big GOP lie that the unions are the reason manufacturing left the United States. It was the lack of tariffs and the huge profits that could be made off of abandoning domestic manufacturing and setting up shop in South East Asia. What corporation would keep their factory in the United States when they can pay an Asian worker 5 dollars a day and a bowl of rice compared to a 15 dollars an hour plus benefits for an American worker (who may or may not be union). It's corporatism and greed and un-American sell out politicians of both parties in Washington DC.
Douglas| 2.13.12 @ 5:07PM
Walker is outstanding. I say that as someone who had the privilege of having him as Co.Executive in Milwaukee co. And now as my governor.
Robert| 2.13.12 @ 6:33PM
Unions pay lip service to the Keystone project. Obama doesn't give a damn because he knows he's got a lock on the union vote even if he sends every union job to China. It's in their DNA, like the liberal Jewish vote. They'd vote for Hitler if he ran on the Democrat ticket. They did in '08 and will again in '12. So will the union vote. You can bank on it!
Steven Hansmann| 2.14.12 @ 3:20AM
Despite the right's eternal drumming how American citizens know what's best for them, as long as it's pro-corporatism, they hold anyone that disagrees with the message of fascism in contempt. So of course, blacks, liberal jews, hispanics and young people are all to goddamn stupid to realize that they're being taken advantage of by liberals. Disgusting Robert. Obviously you don't work very hard for a living.
Dimitry Aleksandrovich| 2.14.12 @ 2:37AM
Maybe the author would like to see pilots making 10 dollars an hour, working 16+ shifts with no overtime pay or breaks. Call me a dinosaur but I am a conservative who is 1000% Pro-Labor. Why is there (maybe soon WAS THERE) a strong Middle Class in America instead of a small group of very rich and a large group of varying degrees of poverty it is because of the American Labor Movement and the union men who laid fought, bled and died for the right to collective bargaining, a fair wage, workplace safety and the like. So maybe you folks who want to demonize all labor unions should think about if you want your children working 12 to 16 hour days for 8 dollars an hour, 7 days a week with no benefits just to survive because mark my words that's where these globalist corporations will take us if you give them the chance. They have no loyalty to you, they have no loyalty to the United States and they sure as hell have no loyalty to the American worker. Profits that's where their loyalties lie. Now I understand the criticism of the unions political loyalties. I am one with no such loyalty to the Democratic party. They wave the union flag in election years then stab us in the back during their tenure, but the anti-labor policies of the Republican party really stand in the way of labor embracing any party but the Democrat Party.
Steven Hansmann| 2.14.12 @ 3:17AM
I really wish the right would quit attacking unions as the biggest problem with the economy. This self-serving, sanctimonious, utter nonsense should be beneath anyone who can think above an 8th grade level. Please be honest; you want to destroy unions because it forces companies, and government, to treat people with some measure of respect, and increased pay and benefits. Period. It's a cost you'd rather not pay. In exchange for dominating worker's lives, and time, and more often than not, ruining their health and shortening their lives, is it too much to ask for business to adequately reward employees, instead of this endless, pathetic whining about the negative effects of unionized labor on our country. Please call right to work, for instance, what it is; the right to work for less. For a political movement that squawks endlessly about their religiousity and superiority, you sure lie, more than any other single group I can think of. Please be honest, you hate people who actually work for a living, and hold them in contempt.
ertha rizas| 3.23.12 @ 1:50AM
I was taken advantage of my union APWU. I was out of work by no fault of my own and that was proven. I was to go to arbitration for a hearing. The union agent went out of his way to try and talk me out of going to arbitration. Instead he yelled at me this was his decision just go back to work. I later on found out the union agent that was to represent made a backdoor deal with management. I never recieved my 2 years back pay and other benefits. I am a paying member . I did go to the national labor relations board but the statues of limitations of 6 months had ran out which really benefits the union. However I still gave an afidavit to the national labor relations board which nowhere. The system seems to be set up to benefit the union not the victims. The union agent didnt care I was losing my home or the pain and suffering of me and my daughter. I know other women that have been treated the same way. How do I trust a union that takes from there members. Apwu picks and choose the members they want to fight for.