Firm prevails in support of National Mediation Board defense of new NMB ballot rule against challenge by A4A.

Baptiste & Wilder successfully joined the government on behalf of the International Brotherhood of Teamsters in defending the National Mediation Board's new election rule against a challenge by Airlines For American and the National Right to Work Committee.  Roland Wilder, William Wilder and Stephen Feinberg of the firm submitted briefing both before the United States District Court for the District of Columbia and the United States Court of Appeals as counsel for the IBT, which had intervened in the lawsuit the defendant the new rule.  Roland Wilder argued in support of the rule before the United States District Court.

IBT General President James Hoffa formally wrote to the members of the National Mediation Board in October 2010 requesting that the Board issue a new rule implementing a change in the NMB's ballot rules to provide that a union receiving a majority of votes would be certiifed as winner of a union election under the Railway Labor Act.  Previously, the NMB required a union to receive votes from a majority of all employees eligible to vote--even those employees choosing not to vote in the election.  The IBT represents over 150,000 employees under the Railway Labor Act in both the airline and rail industries.

Baptiste & Wilder was initially engaged at the regulatory comment stage to draft formal comments to the NMB on behalf of the IBT in support of the new rule.  The firm then defended the rule in the litigation against it brought by A4A and the National Right to Work Committee.  The US District Court for the District of Columbia upheld the rule.  The Court of Appeals for the DC Circuit also upheld the new rule on appeal.