The U.S. Court of Appeals in Washington, D.C., today upheld the new democratic union election rule for aviation and rail workers issued by the National Mediation Board (NMBM) in 2010.

The aviation industry, led by Delta Airlines, challenged the new rule and today’s decision was the second time a federal court upheld the democratic election rule.

For decades, the deck was stacked against workers covered under the Rail Labor Act (RLA) because every worker who did not cast a vote in a representation election was automatically counted as a “No” vote. The new NMB rule says that an election’s outcome will be decided by the majority of votes cast, just like every other election, from city council to the presidency.

In a statement this afternoon, the Flight Attendants (AFA\CWA) said:

This decision confirms that the National Mediation Board has full and absolute authority to bring democracy to union elections in their jurisdiction.

The new rule was at the center of this summer’s shutdown of the Federal Aviation Administration (FAA) by Republican lawmakers on Capitol Hill who held funding for the agency hostage in an attempt to repeal right of air and rail workers to democratic union elections.

After Republicans backed down, a temporary funding bill was approved this fall, but the runs out next month and Republicans with the backing of the airline industry are expected to mount another attack on the workers’ rights to fair elections. Says AFA\CWA:

For too long, ideologues have held up passage of this vital piece of legislation on the hope that they could strip aviation workers of their democratic right of free and fair union elections.

It is time for Congress to drop this single-minded crusade against workers’ right to join a union. We encourage Congress to pass a comprehensive funding bill that allows the FAA to move forward on vital safety and airport improvement projects that will help to enhance the world’s greatest aviation system.