Air Transp. Ass'n of Am., Inc. v. Nat'l Mediation Bd.

Opinion

 [*477]   [**315]  Tatel, Circuit Judge: The Railway Labor Act provides that ] "[t]he majority of any  [***2] craft or class of employees shall have the right to determine who shall be the representative of the craft or class." 45 U.S.C. § 152, Fourth. For seventy-five years, the National Mediation Board counted non-voters as voting against union representation, thereby requiring a majority of eligible voters to affirmatively vote for representation before a union could be certified. In 2010, the Board issued a new rule: elections will henceforth be decided by a majority of votes cast, and those not voting will be understood as acquiescing to the outcome of the election. Appellants challenge the new rule, claiming that it violates the statute and is arbitrary and capricious. Rejecting these arguments, the district court granted summary judgment to the  [*478]   [**316]  Board. For the reasons set forth in this opinion, we agree and affirm.

] Labor relations in the railroad and airline industries are governed by the Railway Labor Act. See 45 U.S.C. § 151 et seq. Passed in 1926 and amended several times since, the Act seeks to avoid strikes by encouraging bargaining, arbitration, and mediation. Its goal is to "avoid any interruption to commerce," 45 U.S.C. § 151a, while protecting the right of workers to "organize  [***3] and bargain collectively through representatives of their own choosing," 45 U.S.C. § 152, Fourth. See generally 45 U.S.C. § 151a (describing the "[g]eneral purposes" of the Act).

The Railway Labor Act has little to say about how employees are to choose their representatives. In section 2, Fourth, the Act provides that "[t]he majority of any craft or class of employees shall have the right to determine who shall be the representative of the craft or class." 45 U.S.C. § 152, Fourth. ] The statute also established the National Mediation Board, 45 U.S.C. § 154, assigning it the task of recognizing and certifying the chosen representative, 45 U.S.C. § 152, Ninth. ] "In the conduct of any election[,] . . . the Board shall designate who may participate in the election and establish the rules to govern the election[.]" Id. ] If there are "any dispute[s] . . . as to who are the representatives of such employees," the Board must investigate. Id.

Until the rulemaking at issue in this case, the only way employees could vote against union representation was by not voting at all. For example, a ballot might present the option of voting for union A, union B, or union C, and those preferring no union representation  [***4] would simply abstain. Whichever candidate received a majority of the votes would become the elected representative unless, of course, a majority of voters abstained.

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