The National Mediation Board made it easier for unions to organize workers at airlines and railroads by changing its rules on representation elections.

In the past, unions had to get votes from a majority of all of the employees of the work group in question in order to organize a workplace. There was no option to vote "no" in these elections. Instead, employees who didn't vote were counted as "no" votes. Under the new rule, effective June 10, there will be a yes or no vote on union representation, and unions only have to win a majority of the workers who cast ballots.

Under the old rules, employers often tried to suppress voter turnout "either by confusing voters about the voting procedure or by getting voters to destroy their ballots," said Kate Bronfenbrenner, a senior lecturer at Cornell University's School of Industrial and Labor Relations. Under the new rule, both sides will "work to turn out as many workers as possible," she said.

Unions praised the rule change, saying it matches the standard used in other elections, including union disputes in industries regulated by the National Labor Relations Board.

Teamsters General President Jim Hoffa said the rule change "leveled the playing field, giving workers a fairer chance to form unions."

"Workers should be able to vote for a union in a system that isn't rigged to arbitrarily assign meaning to votes that weren't cast," said Edward Wytkind, president of the Transportation Trades Department at the AFL-CIO.

Sen. Tom Harkin, D-Iowa, called the rule change "long overdue" and said it "will ensure that aviation and rail workers have the same right to join a union as other workers in our country."

Katie Packer, executive director of the Workforce Fairness Institute, said the rule change allows "the will of a small group of employees to dictate the fate of the entire work force."

The Air Transport Association plans to challenge the new rule in court, citing "substantive and procedural flaws." The rule "undoubtedly will lead to more labor discord," the airline trade association contended.

The new rule was published in the May 11 edition of the Federal Register (www.gpoacess.gov/fr).

House OKs new rebates for home energy retrofits

Homeowners would receive discounts for energy-saving renovations under a new rebate program passed by the House May 6.

The Home Star Energy Retrofit Act, which passed on a 246-161 vote, authorizes $6 billion for a two-year "Cash for Caulkers" program that would provide renovation rebates of $3,000 to $8,000, depending on how much energy is saved by the improvements. The Senate has not yet passed the legislation, however, and the program won't be funded unless Congress finds a way to pay for it without increasing the deficit.

Some business groups praised the bill because it would create a bigger market for energy-efficiency products such as new windows, insulation and heating, ventilation and air conditioning systems.

"Home Star will quickly create much-needed jobs in the manufacturing, distribution and sale of energy-efficient products in a recovering economy," said John Engler, president of the National Association of Manufacturers.

"Strong consumer incentives will help drive market demand and boost a growing energy retrofit industry," said John Emling, senior vice president for government affairs for the Retail Industry Leaders Association.

But at least one trade association wasn't happy with the bill. Associated Builders and Contractors complained that the legislation requires that workers who install insulation under the program be certified by union-only third parties or the Homebuilders Institute. Workers certified by other non-union training providers aren't eligible.

The text of the Home Star Energy Retrofit Act (H.R. 5019) is at http://thomas.loc.gov.

Employers may be told to prep plans for hazards

The Occupational Safety and Health Administration plans to propose a new regulation that would require employers to develop plans - with input from workers - to identify and correct hazards in their workplaces.

"We are asking employers to find and fix the hazards in their workplaces," said OSHA Administrator David Michaels.

The agency contends employers shouldn't wait for an OSHA inspection or workplace injury to make safety improvements.

It will get input on the proposed rule from employers, workers and safety experts at three meetings across the country: June 3 in East Brunswick, N.J.; June 10 in Dallas; and June 29 in Washington, D.C.

For more information, see www.osha.gov.

Small-business index up; ‘subpar' recovery likely

A monthly index of small-business indicators gained 3.8 points in April, rising to above 90 for the first time in nearly two years.

The National Federation of Independent Business index is based on surveys of small-business owners, whose outlook for the economy and their own sales brightened last month. Plans for hiring and capital expenditures remained weak, however.

"The gains are a step in the right direction, but they are not enough to signal a solid recovery is in place," said NFIB Chief Economist William Dunkelberg. "Owners are feeling a little better about things, but not enough to turn them into concrete action. Bottom line, the recovery will be subpar in comparison to the recoveries we experienced following past severe recessions."

For more information, see www.nfib.com

Kent Hoover: khoover@bizjournals.com