National Mediation Board Cites Murphy Anderson Comments in Changing Election Rules

May 17, 2010

On June 10, 2010, the National Mediation Board will amend its rules to provide that, in representation disputes, a majority of valid ballots cast will determine the craft or class representative. The previous policy required that a majority of eligible voters in the craft or class must cast valid ballots in favor of representation. The former policy therefore automatically counted non-voters as "no" votes.

Jamin B. Raskin, of counsel to Murphy Anderson, submitted comments in his role as a legal scholar at American University. Out of approximately fifty briefs filed, Professor Raskin's comments were among the few cited by the NMB's rulemaking decision.