• The National Mediation Board (“NMB”) updated its procedures to review applications and supporting authorization cards from unions seeking to represent airline and railroad industry employees. The NMB also added a new requirement that the airline or railroad must attest to the accuracy of its list of potential eligible voters in an election. Finally, the NMB made a technical change to the process by which voters access the voting system. These changes incorporate the NMB’s final rule implementing amendments to the Railway Labor Act.
  • The House Education and the Workforce committee approved legislation, by a vote of 23-15, which prevents the NLRB from taking actions that require a three-member quorum until either: (1) the Board has at least three Senate confirmed members; or (2) the Supreme Court resolves the constitutionality of President Obama’s recess appointments to the Board. Representative Phil Roe, Chairman of the Health, Employment, Labor, and Pensions Subcommittee, introduced the bill, called Preventing Greater Uncertainty in Labor-Management Relations Act, H.R. 1120. Additionally, Senator Lamar Alexander, a member of the Senate Health, Education, Labor and Pensions Committee, introduced a budget amendment, which seeks to eliminate funding for the NLRB to enforce decisions or regulations of a Board panel whose quorum was established by unconstitutional appointments.
  • Governor Bob McDonnell of Virginia signed two bills, the Secret Ballot Measure (H.B. 1385) and the Employee Information Distribution Limitation bill (H.B. 1931), impacting union elections. The bills provide secret ballots as a matter of right to Virginia employees and mandate that employers cannot be forced to give shift schedule information, telephone numbers, or email addresses for third party employees. Federal law already provides similar protections. The bills’ sponsor stated that these bills provide a safeguard in case federal protections are ever removed.