FAA Modernization And Reform Act Of 2012

In 2010, the National Mediation Board ("NMB") changed its long-standing rules governing union representation elections in the rail and air industries. In particular, the Board abandoned the requirement that a representative win a majority of votes from the entire craft or class, allowing a representative to prevail by obtaining just a simple majority of votes cast. Since that change—which has recently been upheld in court—Congress has been debating legislation to reverse or amend the NMB's controversial new rule.

On February 14, 2012, President Obama signed a new law, the FAA Modernization and Reform Act of 2012, to authorize long-term funding for the Federal Aviation Administration. As part of a compromise between the House and Senate versions of the legislation, the new law abandons efforts to overturn the NMB's election rule in its entirety, but nevertheless provides for several revisions to Title I of the Railway Labor Act ("RLA"), 45 U.S.C. § 151 et seq., that