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ARTICLE · 19 FEBRUARY 2019

National Mediation Board Proposes Simplifying Decertification Under The Railway Labor Act

On January 31, 2019, the three-member National Mediation Board (NMB), which oversees labor relations for the airline and railroad industries

United StatesEmployment and HR

On January 31, 2019, the three-member National Mediation Board (NMB), which oversees labor relations for the airline and railroad industries, published a proposed rule-making to simplify the process for workers covered by the Railway Labor Act (RLA) to decertify the unions representing them.

Currently, RLA-represented employees seeking to decertify a union must identify an individual willing to be personally named and represent the bargaining unit. After more than 50 percent of the unit's members sign an authorization card that clearly states their desire to no longer be represented by the union, the named person is authorized to apply to the NMB to hold a representation election. Then, the NMB will hold an election with options to vote for (1) the current union representation, (2) the named individual, (3) a write-in candidate, or (4) "no union." To decertify the incumbent union, the majority vote must be for either "no union" or the named individual – who would

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This article is presented for informational purposes only and is not intended to constitute legal advice.

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