Southwest neutral on rule change for unions

Southwest Airlines, the leading carrier at McCarran International Airport, is taking a neutral stance on an Obama administration rule change that would make it easier for airline workers to organize unions, although the airline wants the government to change the rules on decertifying unions.

The rule approved last week by the National Mediation Board would recognize a union if a simple majority of workers who cast ballots decide to unionize. The old rule required a majority of the entire work force to favor unionizing. That meant workers who didn't vote were counted as "no" votes.

A group of U.S. airlines sued Monday to stop the Obama administration from enforcing the new rule on union organizing at airlines and railroads.

The Air Transport Association -- the industry's main trade group -- claims the rule violates federal law and reverses a decades-old system that kept labor disputes from hindering commerce.

"This new rule turns 75 years of history on its head without compelling justification," the association said in a statement.

Unions expect the rule change to help organize thousands of flight attendants, baggage handlers and gate agents at Delta Air Lines Inc. and a host of other smaller carriers.

The ATA is seeking a federal injunction to prevent the new rule from taking effect June 10.

Corey Caldwell, a spokeswoman for the Association of Flight Attendants, rejected the Air Transport Association lawsuit as "baseless." She said the new rule "creates a process that finally mirrors how elections are conducted for all public officials, including president of the United States."

Other key airlines serving Las Vegas have been mum about the planned rule change, which could make it easier for airline workers to organize unions.

A spokeswoman for Allegiant Travel Co., parent of Allegiant Air, declined comment. U.S. Airways and Delta Air Lines didn't respond to requests for comment.

Southwest Airlines is neither supporting nor opposing the change, although spokesman Paul Flaningan said Tuesday that the airline has asked the government to establish similar voting procedures on decertification of unions at airlines.

Advocates of the rule change say it is more consistent with democratic elections, in which the outcome is decided by a majority of those who vote. The new system would be similar to union representation procedures already followed by most other companies.

Several major carriers who belong to the ATA notably declined to join the lawsuit, including American Airlines, Continental Airlines, Southwest Airlines, United Airlines and US Airways. Those carriers are already mostly unionized.

Robert Siegel, an attorney for the airline association, said the National Mediation Board had rejected changing the rule on four previous occasions over the last three decades. The Supreme Court has twice upheld the board's right to keep the old rule.

The lawsuit argues that nothing has changed since those previous decisions, other than President Barack Obama appointing Linda Puchala -- the former head of a flight attendants union -- to a seat on the three-member board, shifting the balance of power.

Siegel said the board "acted with a predetermined mind" shortly after the AFL-CIO pushed for the change. The lawsuit claims the board's decision coincided with efforts to organize workers at Delta.

Contact reporter John G. Edwards at jedwards@reviewjournal.com or 702-383-0420. The Associated Press contributed to this report.