The controversy comes from two actions of the NMB. First, this method of election has stood for 75 years, surviving two Supreme Court tests. Yet as soon as the NMB has a majority of Democrat Party members, the method is changed. The chair, Elizabeth Dougherty, a Republican, cast a dissenting vote, saying the actions where not reasonably explained. Many Republican Senators and anit-union employers and employee organizations protest that the NMB does not have the legal authority to make this change and they have filed legal challenges.
The other area of controversy comes from the fact that the same change was not made for the decertification election process. So the actions seem very biased in favor of those that want unions and against those that would like to get rid of a union. This difference of action has smacked of political pay back for the unions that gave so much money to the Democrat Party and the Obama administration.
The reason this is important to pay attention to is that the National Labor Relations Board (NLRB), which controls labor decisions in the private sector, is also now controled by the Democrat Party. Might we also expect political payback "tainted" decisions from them? Many surmise that we will see a slew of such decisions with the reversal of previous decisions, an announcement that has already been made. So if you are in the private sector, being aware of NLRB decisions and actions will be very important for you to pay attention to. You may see decisions the will:
- May the Employee Free Choice Act unnecessary, thus taking a controversial bill out of the limelight.
- May make employers provide "union type" rights to non-union employees, such as the right to have a representative in a disciplinary process.
- May shorten the time companies will be allowed to campaign against union representation.