Airline Legal Alert: Status of NMB's Attempt to Change 75-Year-Old Majority Rule.

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On September 2, 2009, the Transportation Trades Department (TTD), AFL-CIO, petitioned the National Mediation Board (NMB) to change the 75-year-old majority rule, which requires a majority of eligible voters in a craft or class to cast ballots for representation before the NMB will certify a union as the bargaining representative for that craft or class. The TTD's petition asked the NMB to replace the majority rule with a rule that would allow a union to be certified if a majority of the employees who cast ballots voted for union representation. On November 3, 2009, two members of the NMB submitted a Notice of Proposed Rulemaking (NPRM) to the Federal Register. The NPRM stated that the NMB intended to change the majority rule to a minority rule. On December 7, 2009, the NMB held an "open meeting" with interested parties to discuss the rule change. During the "open meeting," speeches were given by both proponents and opponents of the NPRM. The Board members did not ask any questions of t... From: <a href='http://myemploymentlaw.net/i/Airline-Legal-Alert-Status-of-NMBs-Attempt-to-Change-75-Year-Old-Majority-Rule/'>Airline Legal Alert: Status of NMB's Attempt to Change 75-Year-Old Majority Rule.</a>

Airline Legal Alert: Industry Challenge to NMB's Final Rule.

On May 17, 2010, the Air Transport Association of America, Inc. ("ATA") filed suit against the National Mediation Board in the United States District Court for the District of Columbia, challenging the NMB's recent change to its longstanding rule regarding how representation elections are conducted. As discussed in our May 10, 2010 Legal Alert, the NMB's final rule changes the manner in which RLA elections have been conducted for over 75 years. Since the NMB's inception, the NMB has repeatedly held that, in order for a union to be certified as the bargaining representative for a craft or class, a majority of eligible employees must vote for representation. The final rule will drastically change this requirement, allowing a union to be certified as the bar...

Airline Legal Alert: NMB Publishes Final Rule.

On May 11, 2010, the Federal Register will publish the Final Rule of the National Mediation Board (NMB) regarding the process it will employ in determining the outcome of representation elections. When the rule goes into effect, it will replace the NMB's historic majority rule, under which a majority of the entire craft or class had to vote for representation before a union would be certified to represent that craft or class, in favor of a process that is based on the majority of votes cast.

What Do Employers with HIPAA-Covered Health Plans Really Need to Know About Recently Proposed Revisions to HIPAA Regulations?

The U.S. Department of Health and Human Services (HHS) published on July 14, 2010, a voluminous Notice of Proposed Rulemaking (NPRM), containing dozens of proposed amendments to three sets of Health Insurance Portability and Accountability Act of 1996 (HIPAA) regulations: the Privacy Rule; the Security Rule; and the Enforcement Rule. The proposed amendments are directed principally at implementing the Health Information Technology for Economic and Clinical Health Act (HITECH Act), which amended HIPAA and went into effect on February 17, 2010. A careful review of the NPRM for its impact on employers who sponsor HIPAA-covered plans reveals that, if the proposed changes were adopted, employers would...

Airline Legal Alert: NMB Rules Under Union Siege.

In a blatant effort to take advantage of a change in the membership of the National Mediation Board (NMB), unions have petitioned the NMB to alter its longstanding procedures on how representation elections are conducted.

DOT Reinstates Rule for Direct Observation Collection of Certain Drug Tests, Effective August 31.

The United States Department of Transportation (DOT) has reinstated a rule requiring direct observation of employees providing urine specimens during return-to-duty and follow-up drug tests. The rule was published in the Federal Register on July 30, 2009, and will become effective on August 31, 2009.

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