Proposal favors airline unions, but critics say it would hurt Memphis

Nov 03, 2009 (The Commercial Appeal - McClatchy-Tribune Information Services via COMTEX) -- DALW | Quote | Chart | News | PowerRating -- A national labor board has proposed a controversial change in election procedure that would make it easier to unionize workers at railroads and airlines, including Delta Air Lines.

Critics at Delta and elsewhere complained that the National Mediation Board's (NMB) pro-labor majority appears to be playing politics with an election rule that's worked for 75 years. The three-member NMB oversees collective bargaining and representation under the Railway Labor Act.

If a new rule becomes final, it could affect aviation-based businesses with a strong presence in Memphis: Delta, Pinnacle Airlines Corp. and FedEx.

Larry Cox, president and CEO at Memphis International Airport, said, "I don't think it's good for Delta Air Lines. It wouldn't be good for FedEx. I'm of the opinion what's bad for Delta and FedEx is bad for the City of Memphis."

The board's longstanding rule requires a majority of a company's workers to vote for representation before a union can represent them. If a worker doesn't vote, it's counted as a "no."

Acting on a request from the AFL-CIO's transportation trades department, two board members voted last week to change the rule so that a union can be approved by a majority of the workers participating in an election.

Unions representing flight attendants and ground workers who worked for Northwest Airlines before it was bought by Delta want the new rules to cover elections at the combined carrier.

The proposed rule was published in the Federal Register Monday, starting a 60-day comment period.

The labor group believes the current rule doesn't follow a basic democratic principle, said president Edward Wytkind. "We just don't think it's fair. It's undemocratic. It's completely indefensible unless you're an airline CEO."

Delta officials objected to the proposed change because they believe it's an effort to skew the outcome of representation votes by large groups of Delta employees.

Delta spokeswoman Gina Laughlin said: "It appears two members of the NMB have effectively made up their minds in advance as the proposed rulemaking does nothing more than track the union's talking points. The public comment period appears to be nothing more than a formality. It is a stunning departure from the NMB's historical process to objectively consider comments and seek a consensus."

She added, "We do not believe the NMB has the authority to change these longstanding rules; nor do we believe a minority voting rule should be allowed without giving employees a similar process to vote out a union. We will continue to vigorously defend our employees' right to choose whether or not union representation is right for them using a process that is legitimate, consistent and fair."

Delta officials also have said the issue might have to be resolved in the courts.

Two NMB members, Linda Puchala and Harry Hoglander, formerly served airline industry unions. The NMB chairwoman, Elizabeth Dougherty, former labor lawyer and Bush advisor, dissented on the proposed rule.

-- Wayne Risher: 529-2874

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