GENERAL INFORMATION
One of the purposes of the Railway Labor Act (RLA) is to effectuate
employees' rights to self-organization. The RLA provides that employees
shall have the right to organize and bargain collectively through
representatives of their own choosing. It is the National Mediation
Board's (NMB) duty to resolve any disputes among employees as to who are
their collective bargaining representatives. The NMB investigates these
disputes, ensuring peaceful resolutions without disruption to interstate
commerce.
The NMB investigates representation disputes in the railroad,
commuter railroad, and airline industries only.
These questions and answers are meant to provide general
guidance only. They do not provide definitive determination of any
representation matter and are not to be construed as legal opinions that
may be cited in any administrative, legal or arbitral proceeding.
1. |
Q: |
What is the role of the NMB in representation matters? |
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A: |
It is the NMB's duty to investigate and resolve representation
disputes in the railway and airline industries. |
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2. |
Q: |
How do representation disputes come to the NMB? |
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A: |
A labor organization (organization) or an individual employee
can request that the NMB investigate an alleged representation
dispute by filing Form NMB-3, "Application for
Investigation of Representation Dispute," available at www.nmb.gov/representation/rapply.html.
The organization or individual is also required to file a
"Notice of Appearance" with the application which is
available at the same link. |
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3. |
Q: |
Who investigates representation matters? |
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A: |
Representation investigations are conducted and supervised by
the NMB's hearing officers. Periodically, NMB mediators may
assist in representation investigations. |
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4. |
Q: |
What are the procedures for investigating representation
applications? |
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A: |
The procedures are detailed in the NMB Representation Manual
(Manual) available at www.nmb.gov/representation/repman0601.html.
Generally, an organization or individual seeking representation
rights must file an application requesting an investigation. The
application must be supported by authorization cards. In
appropriate cases, an NMB investigator determines the
appropriate craft or class, eligible voters, determines if an
election will occur and schedules a mail ballot election. |
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APPLICATIONS
5. |
Q: |
What is an authorization card? |
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A: |
An authorization card is a card or document signed by the
employee which states the employee desires to be represented by
an organization or individual for collective bargaining
purposes. Authorization cards must have the name of the
organization or individual seeking to represent the craft or
class, and must be signed and dated by the employee. Typically,
authorization cards also include the following information:
employee address, telephone number, job title, employee number,
and social security number. The NMB compares the signed
authorization cards to the List of Potential Eligible Voters
supplied by the carrier to determine the percentage of employees
signing authorization cards (generally referred to as the
showing of interest). |
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6. |
Q: |
What is a showing of interest? |
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A: |
A showing of interest is the percentage of the craft or class
that has signed authorization cards. An application must be
supported by an adequate showing of interest, in the form of
employee authorization cards. Authorizations will be considered
invalid if dated more than one year prior to the date on the NMB
application. If the craft or class is already represented under
the RLA and is covered by a valid existing collective bargaining
agreement, the application must be supported from a majority
(50% plus one) of valid authorization cards by employees in the
craft or class. If the craft or class is unrepresented, the
application must be supported by at least 35% of valid
authorization cards by employees in the craft or class. |
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7. |
Q: |
Can an employee in the craft or class sign an authorization
card for more than one organization? |
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A: |
Yes. |
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8. |
Q: |
What is an Intervenor? |
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A: |
Once an organization has filed an application, another
organization may intervene in the representation dispute and
place itself on the ballot by presenting authorization cards
signed by at least 35% of the employees in the craft or class. |
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9. |
Q: |
How can employees change their labor organization? |
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A: |
Employees can change their labor organization by signing
authorization cards for another organization, which then files
an application and "wins" an election. |
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10. |
Q: |
How can employees decertify their current representative
without getting another one? |
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A: |
There is no application for decertification, however if a
majority of the craft or class does not vote for representation
the current representative will lose its representation rights. |
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11. |
Q: |
Can employees form and elect their own union? |
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A: |
Yes, employees can form their own organization if they submit
an application supported by a sufficient showing of interest. |
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THE INVESTIGATION
12. |
Q: |
What does the NMB do after an application is received at
its office? |
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A: |
Normally, the NMB dockets the application and assigns it an R
case number, and designates an investigator. The docketing
letter sets forth a time schedule for the carrier to provide a
list of potential eligible voters and signature samples. If the
NMB notes anything unusual about the application (for example,
an unusual craft or class; a jurisdictional question; an
accretion), the NMB does not docket the application, but gives
the matter a CR file number and conducts a pre-docketing
investigation. A flow chart of the representation process
follows these questions and answers. |
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13. |
Q: |
What is a craft or class? |
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A: |
Craft or class is a term used for the group of employees the
applicant seeks to represent. Crafts or classes must be carrier
system-wide. |
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14. |
Q: |
What factors are considered in determining the proper craft
or class? |
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A: |
The Board considers several facts in determining a proper
craft of class including the composition and relative permanency
of the employee grouping along craft or class lines; the
functions, duties and responsibilities of the employees; the
general nature of the work performed; and the community of
interest between job classifications. |
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15. |
Q: |
Who is eligible to vote in the election? |
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A: |
All employees working in the craft or class and who are
employed as of the last day of the last payroll period prior to
the receipt of the application by the NMB are eligible to vote
in the election. Employees severing their employment
relationship (e.g., by resignation, termination, retirement,
death, or promotion) during the balloting period are normally
removed from the list. See Manual, Section 5.3 at www.nmb.gov/representation/repman0601.html |
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16. |
Q: |
Who is ineligible to vote in the election? |
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A: |
Employees who are managers or do not have an employer-employee
relationship, for example management officials, contractor
employees, discharged employees. See Manual, Section 5.3 at www.nmb.gov/representation/repman0601.html. |
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17. |
Q: |
Does the NMB provide home addresses to organizations in
representation campaigns? |
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A: |
The NMB does not provide home addresses to organizations in
representation elections. In extraordinary circumstances, where
the NMB determines that due to prior interference with the
laboratory conditions by the carrier or voter confusion, the NMB
may provide the home addresses of eligible voters to the
organization. |
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18. |
Q: |
Can a union be certified by the NMB without an election? |
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A: |
Yes. If there is only one labor organization applying for
representation, and the organization and the carrier agree in
writing to a certification based on a check of authorization
cards, the NMB's Chief of Staff can authorize the check of
authorizations instead of an election. If a majority of the
craft or class has signed authorizations, the organization will
be certified without an election. |
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19. |
Q: |
Can my job or position be added or accreted to an existing
certified craft or class without an election? |
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A: |
Yes. An organization which is certified to represent the craft
or class may file an application supported by a showing of
authorization cards seeking to accrete jobs or positions into
the craft or class. The Investigator then determines if the
position(s) duties and responsibilities share a sufficient
community of interest with the craft or class. If the position(s)
share a community of interest, and if the number of employees
accreted are fewer than those in the total craft or class, the
NMB will accrete the employees in these position in the craft or
class without an election. |
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BALLOTING
20. |
Q: |
How are NMB representation elections conducted? |
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A: |
Most elections are conducted by mail ballot. Ballots and
postage-paid return envelopes are mailed to eligible employees'
residences. In the standard election, employees who want to vote
for representation mark the ballot in the appropriate box and
return it in the postage paid envelope. At the count, the
envelopes are opened and separated from the ballots. The ballots
are counted. The results are provided to the organization and
the carrier in writing. |
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21. |
Q: |
How does the NMB maintain the secrecy of the ballot? |
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A: |
The NMB places a unique confidential key number on each return
ballot envelope and notes the key number on the Official
Eligibility List. The key numbers ensure the security of the
ballots. During the ballot count, the ballots are removed from
the envelopes. The envelopes are secured from the view of the
observers. The ballots, which do not identify the voters, are
counted by NMB personnel. |
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22. |
Q: |
How is the winner of an election determined? |
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A: |
If a majority of eligible voters in the class or class vote in
the election for representation, then the organization that
receives the majority of the votes cast "wins" the
election. |
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AFTER THE BALLOT COUNT
23. |
Q: |
What happens after the ballot count? |
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A: |
If a majority of the eligible voters voted in favor of
representation, the NMB issues a certification the next business
day. If less than a majority of eligible voters voted in favor
of representation, the NMB issues a dismissal. |
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24. |
Q: |
If a representation application is dismissed, does the
current representative of the craft or class of employees lose
its representation rights? |
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A: |
It depends. If an organization files an application for a
craft or class that is already represented, the incumbent
organization is a party in the investigation and election. If
the organization which filed the application does not have an
adequate showing of interest or for some other reason the
application is dismissed prior to an election, the incumbent
organization will remain the representative of the craft or
class. If the investigation proceeds to an election and a
majority of the eligible voters in the craft or class do not
vote in the election, then the application is dismissed and the
incumbent organization loses its representation status. In
determining whether a majority of employees voted, all votes for
representation are totaled. |
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25. |
Q: |
If a new organization is certified, does the collective
bargaining agreement with the incumbent organization remain in
force and effect until the new organization and the carrier
negotiate a collective bargaining agreement? |
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A: |
This is not part of the representation procedures under the
Act, but generally the answer is yes. |
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26. |
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What is election interference? |
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A: |
The RLA states that a carrier shall not "interfere . . .
influence or coerce" its employees in the choice of
representative. In order to determine whether there has been
interference in the election, the NMB examines whether the
"laboratory conditions" essential to representation
elections have been tainted. When there are allegations of
election interference, the NMB examines the "totality of
the circumstances" to determine whether the laboratory
conditions have been tainted. The NMB has found election
interference where the carrier: conducts improper surveillance
of employees; interrogates employees; discharges or disciplines
employees; confers benefits on employees; and solicits or
collects ballots. The NMB has shortened the application bar
period when organizations have solicited or collected ballots. |
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27. |
Q: |
What should an employee do if he or she observes
interference during the election period but before the ballot
count? |
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A: |
Except in extraordinary circumstances, the NMB will
investigate allegations of interference only after the ballot
count. Therefore, if an employee observes conduct which may be
interference during the election process, the employee should
report it to the organization conducting the campaign or to the
carrier, as appropriate. |
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28. |
Q: |
What if the organization or the carrier believes that there
was interference with the election process? |
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A: |
Written allegations of interference must be received by the
NMB no later than 4 PM, Eastern time, seven business days after
the count. Responses to the allegations must be received within
seven business after the NMB receives the interference
allegations. The interference allegations must state a prima
facie case (evidence sufficient to establish) that
laboratory conditions were tainted and must be supported by
substantial evidence in the form of affidavits and documents.
After receipt of the submissions, the NMB will determine if
there is a prima facie case of election interference. If
the NMB determines there is a prima facie case, the
investigation will continue and the NMB will issue a decision.
If the NMB finds interference it can order a number of actions,
including a rerun election. Manual, Section 14.0 at www.nmb.gov/representation/repman0601.html. |
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OTHER INFORMATION
29. |
Q: |
What if I am already represented, and I am unhappy with the
organization? |
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A: |
The RLA does not address relationships between employees and
their unions, including the payment or amount of union dues, or
the representation you receive from the union in negotiations or
grievances. Some questions can be answered by the U.S.
Department of Labor Office of Labor-Management Standard at www.dol.gov/dol/esa/public/olms_org.htm. |
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30. |
Q: |
Is the NMB involved in carrier mergers? |
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A: |
In a merger, the NMB will make a determination if a
"single transportation system" exists based upon an
application from an incumbent organization representing a craft
or class on the pre-existing or merged carrier. If the NMB
determines a "single transportation system" exists, it
may order a representation election. See Manual, Section 19 at www.nmb.gov/representation/repman0601.html. |
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31. |
Q: |
What if there is a merger of labor organizations? Will the
NMB transfer certifications? |
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A: |
Upon request of the organizations, the NMB will transfer the
certifications to the new organization absent evidence of fraud
or gross abuse in the merger procedures. |
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32. |
Q: |
If the NMB certifies an organization to represent my craft
or class, do I have to join the union? |
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A: |
Under the RLA, a carrier and an organization may negotiate a
"union shop agreement" which allows employees at least
60 days from the date of their actual employment to join the
union or begin paying a fee to the organization, and limits the
obligation to "join" to the payment of uniformly
required dues and fees. This provision of the RLA preempts state
right-to-work laws. Employees are permitted to become
"agency fee objectors," and pay only certain fees
which are "germane" to the organization's
representational activities. Information on that right can be
obtained from the organization. See 45 U.S.C. §152, Eleventh(c). |
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