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Ever since Obama was sworn in, obscure federal agencies have been churning out pro-labor, anti-worker rulemakings in an attempt to reverse declining unionization numbers. Indicative of this unionization through regulation strategy is the National Mediation Board’s (NMB) minority rule decision promulgated in 2009.

The NMB is a three-member board comprised of one Bush holdover and two Obama appointees—both of which are former union officials—tasked with overseeing union-employer relations in the transportation industry. The makeup of the board effectively gives the pro-union board members fiat to enact whatever policies or regulations they see fit. Unsurprisingly, the NMB’s first major decision was a move to facilitate unionization in the transportation industry.

Overturning seventy-five years of precedent and two Supreme Court rulings, the NMB ruled that a majority of voting members were required to certify a union, not a majority of all members of a workforce. For two years now, conservative activists and Members of Congress have written letters and introduced legislation attempting to annul this blatant federal overreach. These efforts have finally culminated in tangible legislation, Title IX of the FAA Reauthorization bill, which would overturn the NMB’s minority rule decision.

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