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NMB Issues Proposed Rule Revising Representation Dispute Procedures
With respect to run-off elections, the proposed amendments to the existing regulations require that the agency no longer aggregate votes for representation and that any run-off election will be between the two ballot options – which could include a “no union” option – that receive the most votes. The amended rule also would require the NMB to arrange for a second election when no ballot option receives a majority of the ballots cast instead of requiring a participant to initiate a run-off election with a written request.
The amended language to the “showing of interest” provisions provide that a showing of interest of not less than 50% is required to support an “application requesting that an organization or individual be certified as the representative of any craft or class of employees.” The proposal notes that the changes make no mention of mergers. Under the NMB’s current merger policy, as stated in its representation manual, “[i]ncumbent organizations or individuals on the affected carrier(s) must submit evidence of representation or a showing of interest from at least thirty-five (35) percent of the employees in the craft or class.” Because the FAA Act changed the showing of interest threshold to 50%, the NMB is soliciting input “regarding the effect of the amendments on the Board’s policies and practices with respect to representation disputes in mergers.”
Comments on this proposal must be received by July 16, 2012 and identified by the agency name (NMB) and docket number (C-7034). Comments may be submitted electronically through the federal eRulemaking portal, through the agency’s web site, via email to: legal@nmb.gov (include docket number in subject line), or by fax to: (202) 692-5085. Alternatively, written comments may be sent by mail or hand delivery to: National Mediation Board, 1301 K Street, N.W., Ste. 250E, Washington, DC, 20005. In addition, the agency plans to hold a public hearing on these changes during the comment period.
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