NATIONAL MEDIATION BOARD 

REPRESENTATION MANUAL 

 

Revised Text Effective ---- September 14, 2007 

NOTICE 

This Manual provides general procedural guidance to the National Mediation Board’s 

staff with respect to the processing of representation cases before the NMB. Such 

procedural guidance is not required by or subject to the Administrative Procedure 

Act. The provisions of this Manual are neither obligatory upon the Members of the 

Board nor do they constitute the exclusive procedure for the NMB’s investigation of 

representation matters pursuant to the Railway Labor Act. 

 Mary L. Johnson 

 General Counsel 

(Revised text is effective September 14, 2007, 

and replaces all previous versions of the Manual as of that date.) 
i 

REPRESENTATION MANUAL 

TABLE OF CONTENTS 

SECTION PAGE NO.

1.0 THE AUTHORITY TO INVESTIGATE......................................................... 1 

1.01 Definitions...................................................................................... 1 

1.01-1 Statutory Authorization................................................... 1 

1.01-2 Representation Matter...................................................... 1 

1.01-3 Application to Investigate Representation Disputes 1 

1.01-4 Investigation..................................................................... 1 

1.01-5 Carrier................................................................................. 1 

1.01-6 Participants........................................................................ 1 

1.01-7 Parties................................................................................. 2 

1.01-8 R-Case Docket.................................................................. 2 

1.01-9 CR-File Pre-docket............................................................ 2 

1.02 Applications.................................................................................... 2 

1.1 General Communication Guidelines.......................................... 3 

1.2 Service of Submissions to the NMB and Notice 

 of Appearance........................................................................... 3 

1.3 Ex Parte Communications............................................................ 4 

1.4 Timeliness of Investigation........................................................... 4 

2.0 COMMENCING THE INVESTIGATION...................................................... 4 

2.1 Investigator's Role and Responsibility....................................... 4 

2.2 Access to and Copies of Carrier Books and Records............... 4 

2.3 Cut-Off Date....................................................................................... 5 
ii 

2.4 List of Potential Eligible Voters and Signature Samples......... 5 

2.5 Delivery of Documents..................................................................... 5 

3.0 EVIDENCE OF DISPUTE-AUTHORIZATIONS.......................................... 5 

3.1 Form and Content of Authorizations............................................. 5 

3.2 Age of Authorizations........................................................................ 6 

3.3 Acceptance of Additional Authorizations..................................... 6 

3.4 Cancellation or Revocation of Authorizations.............................. 6 

3.5 Confidentiality of Authorizations................................................... 6 

3.6 Check of Alphabetized Authorizations.......................................... 7 

3.601 Percentage of Authorizations Required........................... 7 

3.7 Resolving Discrepancies in Authorizations (List of 

 Potential Eligible Voters)............................................................ 7 

4.0 REPORT RE CHECK OF AUTHORIZATIONS.......................................... 7 

4.1 Contents and Confidentiality of Report..................................... 7 

5.0 FINDING OF DISPUTE-AUTHORIZATION TO PROCEED BY NMB...... 8 

6.0 DISPOSITION OF DISPUTE BY VOLUNTARY RECOGNITION............ 8 

7.0 DISPOSITION OF DISPUTE BY CHECK OF AUTHORIZATIONS......... 8 

8.0 FILING CHALLENGES AND OBJECTIONS DURING THE 

 INVESTIGATION.................................................................................... 8 

8.1 Schedule for Filing Challenges and Objections........................ 8 

8.2 Challenges and Objections............................................................ 9 

8.3 Objections to NMB Jurisdiction

 ...................................................... 9 

9.0 DETERMINATIONS.................................................................................... 10 
iii 

9.1 Craft or Class ................................................................................. 10 

9.2 Eligibility............................................................................................. 10 

9.201 Part-Time Employees...................................................... 10 

9.202 Temporary Employees................................................... 11 

9.203 Dismissed Employees.................................................... 11 

9.204 Furloughed Employees................................................... 11 

9.205 Leave of Absence............................................................ 11 

9.206 Probationary Employees................................................ 11 

9.207 Working For Another Carrier........................................ 12 

9.208 Contractor's Employees................................................ 12 

9.209 Individuals Based in Foreign Countries..................... 12 

9.210 Retired Employees......................................................... 12 

9.211 Management Officials................................................... 12 

9.212 Preponderance............................................................... 13 

 

10.0 APPEALS OF CHALLENGES AND OBJECTIONS................................. 13 

10.1 Investigator’s Ruling on Challenges and Objections............ 13 

10.2 Appeals of Investigator’s Ruling................................................ 13 

10.201 Submissions on Appeal................................................... 14 

10.202 Extensions of Deadlines for Appeals........................... 14 

11.0 MOTIONS FOR RECONSIDERATION...................................................... 14 

12.0 PREPARATIONS FOLLOWING AUTHORIZATION OF ELECTION...... 14 

12.1 Address List.................................................................................... 14 

12.101 Foreign Language Notice and Instruction ..................... 15 
iv 

12.2 Designation of the Official Eligibility List................................. 15 

12.3 Changes in Employee Status...................................................... 15 

13.0 TELEPHONE AND INTERNET ELECTIONS.......................................... 16 

13.1 The Notice of Election.................................................................. 16 

13.2 Telephone and Internet Voting................................................ 16 

13.201 Telephone and Internet Voting Instructions............... 16 

13.202 Voter Identification Numbers....................................... 16 

13.203 Personal Identification Numbers................................. 17 

13.204 Voting with the PIN and the VIN............................... 17 

13.205 Challenged Individuals................................................... 17 

13.206 Requests for Duplicate Telephone and Internet 

 Voting Instructions...................................................... 18 

13.207 Undeliverable Telephone and Internet Voting 

 Instructions................................................................. 18 

13.208 TTY Communications System Users – for 

 Telephone Voting..................................................... 18 

13.209 Adjustments to the Official Eligibility List..................... 18 

13.3 The Tally of Votes........................................................................... 19 

13.301 Location and Time of the Tally of Votes........................ 19 

13.302 Request to Postpone the Tally....................................... 19 

13.303 Admission and Control of the Tally of Votes............ 19 

13.304 Vote Determinations......................................................... 19 

13.304-1 Valid Votes............................................................ 19 

13.304-2 Void Votes............................................................ 20 

13.305 Authority to Tally the Votes............................................. 20 
v 

13.306 Tally of Votes...................................................................... 20 

14.0 MAIL ELECTIONS.................................................................................... 20 

14.1 The Notice of Election............................................................... 20 

14.2 Mail Ballot Elections.................................................................. 21 

14.201 Official NMB Mail Ballots................................................ 21 

14.202 Ballot Package.................................................................. 21 

14.203 Key Numbering............................................................... 21 

14.204 Challenged Individuals.................................................. 21 

14.205 Requests for Duplicate Ballots.................................... 21 

14.206 Undeliverable Ballots................................................... 22 

14.207 Adjustments to the Official Eligibility List............... 22 

14.3 The Ballot Count........................................................................ 22 

14.301 Location and Time of the Ballot Count..................... 22 

14.302 Requests to Postpone the Tally................................. 22 

14.303 Admission and Control of the Ballot Count............... 23 

14.304 Commencing Tally of Ballots...................................... 23 

14.305 Ballot Determinations................................................... 23 

14.305-1 Invalid Ballot Return Envelopes..................... 23 

14.305-2 Valid Ballots......................................................... 23 

14.305-3 Void Ballots......................................................... 24 

15.0 TABULATION AND REPORT OF ELECTION RESULTS.................... 24 

15.1 Certifications and Dismissals .................................................. 24 

16.0 RUN-OFF ELECTIONS.............................................................................. 25 
vi 

17.0 ALLEGATIONS OF ELECTION INTERFERENCE................................. 25 

18.0 BARS TO REPRESENTATION APPLICATIONS.................................... 25 

19.0 MERGER PROCEDURES........................................................................... 26 

19.1 Merger............................................................................................ 26 

19.2 Authority.......................................................................................... 26 

 

19.3 Notice to NMB................................................................................. 26 

19.4 Initiation of Procedure for Determination of a 

 Single Transportation System................................................... 26 

19.5 Merger Investigations............................................................... 26 

19.501 Factors Indicating a Single Transportation 

 System........................................................................ 27 

19.6 Procedure After Finding Single Transportation System...... 27 

19.601-603 Showing of Interest on the 

 Single Transportation System................................. 27 

19.7 Status of Representation Certifications.................... 28 
1 

NATIONAL MEDIATION BOARD 

 REPRESENTATION MANUAL 

1.0 THE AUTHORITY TO INVESTIGATE–INITIAL FILING AND NMB PROCESSING

1.01 Definitions

1.01-1 Statutory Authorization

45 U.S.C. § 152, Ninth (Section 2, Ninth), of the Railway Labor 

Act (RLA) authorizes the National Mediation Board (NMB or 

Board) to investigate a representation dispute and to take a 

secret ballot of the employees or to utilize any other appropriate 

method of ascertaining the names of representatives of the 

employees involved. 

1.01-2 Representation Matter

A representation matter is an investigation initiated by the filing 

of an application with the NMB under Section 2, Ninth, of the 

RLA. 

1.01-3 Application to Investigate Representation Disputes

The process for filing an application can be found in the National 

Mediation Board Rules (NMB Rules) §1203.2 (29 CFR §1203.2). 

1.01-4 Investigation

During the investigation of a representation application, the NMB 

will address any question concerning representation in 

accordance with the RLA, the NMB Rules (29 CFR §§1201-1209), 

this Manual, and any other directives the NMB issues. 

1.01-5 Carrier

Carrier by rail is defined at 45 U.S.C. § 151, First of the RLA. 

Carrier by air is described at § 181, of the RLA. 

1.01-6 Participants

Participants in a representation matter are: the carrier, any 

labor organization(s) or individual(s) seeking to represent a 

carrier’s employees or any incumbent representative of a 

carrier’s employees. The term “participant” includes parties 
2 

defined below. 
3 

1.01-7 Parties

Parties are any labor organization(s) or individual(s) seeking to 

represent a carrier’s employees and any incumbent 

representative of the carrier’s employees. Carriers are not 

parties under Section 2, Ninth, however, they are under a 

statutory obligation to provide information and documentation to 

the NMB in representation matters. 

1.01-8 R-Case Docket

Upon receipt of a proper application, the application is docketed 

and assigned an “R-Case” identification number. 

1.01-9 CR-File Pre-docket

Representation applications requiring a pre-docketing 

investigation will be assigned a “CR-File” identification number. 

1.02 Applications

Applications for the services of the NMB under Section 2, Ninth, to 

investigate representation disputes among a carriers’ employees must 

be made on Form NMB-1, available from the NMB’s Office of Legal 

Affairs or at www.nmb.gov. Only applications with original signatures 

submitted to the NMB’s office in Washington, DC, and accompanied by 

original authorization cards will be accepted. Applications and 

authorization cards will not be accepted by facsimile or electronic mail. 

The application must meet the following requirements set forth in NMB 

Rules §1203.2 (29 CFR §1203.2): 

1) It must be signed by the chief executive officer of the 

international or national organization or other specifically 

designated and authorized officers. 

2) It must specify the craft or class of employees and the 

estimated number of employees in the craft or class. 

3) It must identify whether there is an incumbent 

representative. 

4) It must be accompanied by signed authorization cards 

from the employees in the craft or class in dispute. The 

authorizations must comply with the requirements in 

Manual Sections 3.0 and 18.0 and NMB Rules § 1206.4 
4 

(29 CFR § 1206.4). 

5) A Notice(s) of Appearance for not more than three 

representatives must be attached to the application. The 

representative who will be the primary contact for the 

Investigator must be one of the three. 

 Upon receipt of a proper application, an identification number will be 

assigned and preliminary correspondence will be initiated. The 

correspondence will identify the Investigator(s) assigned. General 

information on representation matters not pending with the NMB is 

available to the public through the NMB’s Development and Technology 

Department. Information on specific representation matters will be 

available only to the designated representatives in those matters. 

1.1 General Communication Guidelines

Unless otherwise specified in this Manual, the General Counsel’s Office 

is the contact point for representation matters filed with the NMB. The 

General Counsel typically will designate a specific NMB Investigator on 

each case. The Investigator may designate other NMB employees to 

perform certain tasks. 

Documents may be filed with the NMB by hand delivery, U.S. mail, 

express delivery, or facsimile at (202) 692-5085 (applications and 

supporting authorizations require original documents). Documents 

may be accepted by electronic mail at the discretion of the 

Investigator. In addition, documents in excess of thirty (30) pages will 

not be accepted by facsimile. Failure to complete timely service due to 

errors of a delivery company or difficulties with facsimile transmissions 

will not excuse untimely, partial or illegible submissions. 

1.2 Service of Submissions to the NMB and Notice of Appearance

 Submissions, including Notices of Appearance, to the NMB, except 

privileged documents, shall be simultaneously served on all 

representatives by the same method as used for service on the NMB, if 

available, or if unavailable, by a substantially similar method. All 

submissions must be accompanied by a signed certificate of service. 

Submissions not in compliance with the foregoing simultaneous service 

provisions will not be considered except in extraordinary 

circumstances. 

 Within five (5) business days of the date of the NMB’s initial 

correspondence, the representatives of the participants who have not 
5 

done so must file a Notice of Appearance with the NMB, including 

name, title, address, telephone and Facsimile number(s), and e-mail 

address(es). Notices of Appearance will be accepted from no more 

than three (3) representatives per participant. The representative who 

will be the primary contact for the Investigator must be one of the 

three representatives. Only representatives listed on a Notice of 

Appearance will receive documents relating to the case from the NMB 

or other participants. 

1.3 Ex Parte Communications

An “ex parte communication” is an oral communication to the NMB in 

which all participants are not present at the time it is made, or a 

written communication to the NMB not served simultaneously on all 

participants. Ex parte communications must not be conducted with the 

Members of the NMB or their Confidential Assistants. In addition, ex 

parte communications are prohibited between the participants and 

NMB Counsel assigned to any appellate matter including: Motions for 

Reconsideration; Allegations of Election Interference; Craft or Class 

Determinations; and/or Jurisdictional Issues. Ex parte communications 

are permitted with the Investigator(s) assigned to the case when the 

Investigator is engaged in the fact finding phase of a case. 

1.4 Timeliness of Investigation

Participants in a representation case must comply with the time limits 

established by the Investigator. 

2.0 COMMENCING THE INVESTIGATION

2.1 Investigator’s Role and Responsibility

The Investigator will determine the scope and the form of the 

investigation, including whether to conduct the investigation on-site. 

If the participants wish to raise any particular issues(s) in the 

representation matter, the issue(s) and supporting evidence or 

documentation must be submitted in writing within time limit(s) 

established by the Investigator. 

2.2 Access to and Copies of Carrier Books and Records

The NMB has a statutory right to have access to and to make copies of 

carrier books and records (Section 2, Ninth). The Investigator will 

advise the carrier of these statutory rights whenever the Investigator 

determines that carrier books and records are necessary to the 
6 

investigation. 
7 

2.3 Cut-off Date

For determining eligibility to vote, the cut-off date is the last day of the 

payroll period ending before the day the NMB received the application. 

This cut-off date is applicable regardless of whether there are multiple 

payroll periods for the craft or class. 

2.4 List of Potential Eligible Voters and Signature Samples

The carrier must serve three (3) copies of a system-wide alphabetized 

list of potential eligible voters on the Investigator and serve one (1) 

copy on each participants’ representative. Even if a participant is 

contesting single transportation status (see Section 18.0, and 18.501), 

they are required to produce a list in conformity with the section. The 

NMB requires the carrier to provide a copy of the alphabetized list on a 

disk in Excel spreadsheet format for the NMB’s administrative use only. 

The list of potential eligible voters must include all individuals in the 

craft or class with an employee-employer relationship as of the cut-off 

date. The list must identify each employee’s full name, the job title, 

and the duty station or location. 

The carrier must also provide the NMB with one (1) copy of legible, 

alphabetized signature samples for each employee on the list. 

Examples of acceptable signature samples include tax-withholding 

forms and employment and insurance applications. The alphabetized 

signature samples must be in the same order as the names on the list 

of potential eligible voters. 

2.5 Delivery of Documents

The list of potential eligible voters and signature samples must be 

delivered to the NMB by the deadline set by the General Counsel. 

When there is an on-site investigation, the list and signature samples 

must be delivered to the Investigator upon arrival on the carrier’s 

property. 

3.0 EVIDENCE OF DISPUTE - AUTHORIZATIONS

3.1 Form and Content of Authorizations

Each authorization must be signed and dated in the employee's own 

handwriting. See NMB Rules §1206.3 (29 CFR §1206.3). Although not 

required, it is recommended that the authorization include the 
8 

employee’s job title and employee number. If the carrier does not 

utilize employee identification numbers, the authorization should 

include the last four digits of the employee’s social security number. 

Petitions are not accepted. 

Authorizations submitted to the NMB must be in alphabetical order on 

a system-wide basis. Failure to provide authorization cards in 

alphabetical order on a system-wide basis may result in the return of 

authorizations to the submitter. Duplicate authorizations should not be 

submitted. 

The language on authorization cards must be unambiguous and the 

NMB must be able to determine the employee’s intent. 

In an accretion application, the authorization cards must be 

unambiguous and state clearly the sole purpose of the card. The NMB 

will not accept authorization cards requesting a representation election 

as support for accretion applications or certification by card check. 

Cards which both request an election and authorize the applicant to 

represent the employees will also not be accepted as support for 

accretion applications or certification by card check. 

3.2 Age of Authorizations

Authorizations must be dated within one year from the date of the 

application for the NMB's services. See also NMB Rules §1206.3 (29 

CFR §1206.3). 

3.3 Acceptance of Additional Authorizations

An applicant or intervenor may present the Investigator with additional 

authorizations up until 4 p.m., Eastern Time, on the day the 

Investigator receives the applicable list and signature samples. 

3.4 Cancellation or Revocation of Authorizations

The Investigator will neither accept nor honor proposed cancellations 

or revocations of authorizations. Individuals seeking to revoke their 

authorizations must go through the party to whom the original 

authorizations were furnished. 

3.5 Confidentiality of Authorizations

Authorizations will be handled only by NMB representatives. 
9 

The NMB keeps all authorizations confidential. This includes the names 

of individuals who have signed authorizations and the number of 

authorizations submitted. The carrier or opposing party or parties 

should not be privy to the number or percentage of authorizations 

furnished. 

3.6 Check of Alphabetized Authorizations

The Investigator compares the list of potential eligible voters with the 

names of the employees who signed authorizations to determine if a 

sufficient percentage of authorizations has been submitted to require 

checking the validity of the authorizations. If there are insufficient 

authorizations submitted, the Investigator may, in his/her discretion, 

allow adjustments to the list prior to checking the validity of the 

authorizations. If the showing of interest requirement will not be met, 

the Investigator should allow the parties to review the eligibility list 

before making the required recommendation to the General Counsel 

concerning the showing of interest. 

3.601 Percentage of Authorizations Required

If the craft or class involved in the investigation is represented 

and is covered by a valid existing contract between any such 

representative and the carrier, the application must be 

supported by a majority (more than 50%) of valid authorizations 

from individuals in the craft or class. In all other circumstances, 

an application must be supported by at least thirty-five (35) 

percent of valid authorizations from individuals in the craft or 

class. See also NMB Rules §§1206.2 and 1206.5 (29 CFR 

§§1206.2 and 1206.5). The percentage of authorizations 

required in a merger is governed by Manual Section 19.0. 

3.7 Resolving Discrepancies in Authorizations (List of Potential Eligible 

Voters)

If, during the check of authorizations, certain names cannot be located 

on the list of potential eligible voters, the Investigator should attempt 

to resolve this discrepancy. However, the Investigator will treat all 

authorizations as confidential. 

4.0 REPORT RE CHECK OF AUTHORIZATIONS

4.1 Contents and Confidentiality of Report

After a check of authorizations has been completed, the Investigator 
10 

must provide the General Counsel with a written report of the results. 

The contents of the Investigator’s report are confidential and will not 

be revealed to the organization(s), the carrier, or any individual not 

employed by the NMB. 

5.0 FINDING OF DISPUTE - AUTHORIZATION TO PROCEED BY NMB

The election will proceed after written authorization by the General Counsel. 

The authorization will indicate that the NMB has found a dispute to exist in 

the subject craft(s) or class(es). The authorization will establish the manner 

of resolving the dispute. Copies will be sent to the involved carrier and 

organization(s). 

6.0 DISPOSITION OF DISPUTE BY VOLUNTARY RECOGNITION

If the applicant desires to be recognized by the carrier rather than to have its 

application processed further, then the applicant should furnish a statement 

withdrawing its application. This withdrawal will be the basis for the NMB's 

closing of its case file. 

7.0 DISPOSITION OF DISPUTES BY CHECK OF AUTHORIZATIONS

If the employees involved in the craft or class are unrepresented and only the 

applicant organization is involved, certification on the basis of a check of 

authorizations may be appropriate provided the participants agree in writing. 

8.0 FILING CHALLENGES AND OBJECTIONS DURING THE INVESTIGATION

The Investigator will inform the participants in writing that they may raise 

challenges or objections during the investigation. Challenges involve issues 

concerning employee eligibility but do not include employment status 

changes. Status changes are governed by Manual Section 12.3. Objections 

involve all other issues or questions. 

8.1 Schedule for Filing Challenges and Objections

The Investigator generally sets the schedule for challenges and 

objections after an election is authorized. However, the Investigator 

may request challenges and objections prior to authorizing an election. 

Challenges and objections which do not meet the simultaneous service 
11 

requirements of Manual Section 1.2 will be rejected. Requests for an 

extension of time must be supported by reasonable justification and 

submitted to the Investigator in writing. Ordinarily, each participant 

will be limited to one extension of time. Absent extraordinary 

circumstances, challenges and objections not filed by the deadline will 

not be considered. No request for an extension of the deadline 

received on the date a submission is due will be considered. The 

Investigator will notify the participants in writing whether an extension 

has been granted. 

8.2 Challenges and Objections

An original and two (2) copies of all challenges or objections must be 

filed in writing, with the Investigator. All challenges or objections 

should be summated in a clear and concise manner. Similar groups of 

individuals, i.e. part-time employees, employees on leaves of absence, 

management officials, or employees with the same job titles, etc. 

should be listed together. All challenges or objections must be 

supported by substantive evidence. Unsupported allegations will 

not be considered. Questions or issues concerning craft or class 

objections must be supported by NMB case citation. Agreement by the 

participants regarding employee eligibility is not determinative. 

8.3 Objections to NMB Jurisdiction

Determinations of statutory jurisdiction are made by the Board. 

Objections to NMB jurisdiction should be raised as early as possible in 

the investigation. The Board may reject objections to NMB jurisdiction 

if the objection is not raised in a timely manner. In support of a 

jurisdictional investigation, the Investigator may request any relevant 

information and documentation including whether: 

(1) the company reports to or is regulated by the Surface 

Transportation Board or the Department of Transportation 

and/or the Federal Aviation Administration; 

(2) the company is involved in interstate commerce; 

(3) the company engages in common carriage; 

(4) the company is a subsidiary involved in either rail or air 

transportation, the organizational and operational relationships 

between the subsidiary and the parent company; 

(5) the company is an airline. The investigator examines whether 
12 

the company: 
13 

a) carries U.S. mail; 

b) engages in scheduled air transportation; 

c) interlines with a carrier covered by the RLA and/or; 

d) provides substitute air service for a carrier covered by the 

 RLA; 

(6) the company has a contract with a carrier covered by the RLA 

for the performance of services; and, 

(7) the company has any operations which may be relevant to the 

NMB’s jurisdictional investigation. 

9.0 DETERMINATIONS

9.1 Craft or Class

In craft or class determinations, the NMB considers many factors, 

including the composition and relative permanency of employee 

groupings along craft or class lines; the functions, duties, and 

responsibilities of the employees; the general nature of their work; and 

the extent of community of interest existing between job 

classifications. Previous decisions of the NMB are also taken into 

account. 

9.2 Eligibility

All individuals working regularly in the craft or class on and after the 

cut-off date are eligible to vote in an NMB representation election. 

Employees may not vote in more than one election at the same time. 

9.201 Part-Time Employees

Only employees with a regular employee-employer relationship 

or scheduled work assignments are eligible to vote. 

The Investigator should determine: 

(1) whether the employee works an 

identifiable schedule during a specified 

time period; 

(2) whether the employee regularly relieves other employees; 

(3) what benefits the employee receives; 
14 

(4) what deductions are taken from the employee's pay; and, 

 (5) other relevant facts. 

9.202 Temporary Employees

Only employees with a present interest in the craft or class in 

dispute are eligible to vote. Temporary employees are eligible if 

they have a reasonable expectation of continued employment or 

re-employment in the craft or class. 

9.203 Dismissed Employees

Dismissed employees are ineligible to vote unless the dismissal 

is being appealed through an applicable grievance procedure or 

an action for reinstatement has been filed before a court or a 

government agency of competent jurisdiction. If the grievance 

or court action is final, and the dismissal has been upheld prior 

to the count of ballots, the individual is ineligible to vote. See 

also NMB Rules §1206.6 (29 CFR §1206.6). 

9.204 Furloughed Employees

Furloughed employees are eligible to vote in the craft or class in 

which they last worked if they retain an employee-employer 

relationship and have a reasonable expectation of returning to 

work. Furloughed employees regularly working in another craft 

or class are ineligible to vote in the craft or class from which the 

employees are furloughed. 

9.205 Leave of Absence

Employees on authorized leaves of absence including military 

leave, leave for labor organization activities, or authorized sick 

leave are eligible. Employees receiving disability payments are 

eligible if they retain an employee-employer relationship and 

have a reasonable expectation of returning to work. Employees 

working in another craft or class, working for the carrier in an 

official capacity, or working for another carrier are ineligible. 

9.206 Probationary Employees

Probationary employees in the craft or class in probationary 

status are eligible. 
15 

9.207 Working For Another Carrier

Employees working for another carrier other than the carrier 

involved in the dispute are ineligible. 

9.208 Contractor's Employees

Employees of contractors which are not part of the carrier’s 

transportation system are ineligible. 

9.209 Individuals Based in Foreign Countries

Only employees based within the United States and/or its 

possessions are eligible. 

9.210 Retired Employees

Retired employees are ineligible. 

9.211 Management Officials

Management officials are ineligible to vote. Management 

officials include individuals with: 

(1) the authority to dismiss and/or 

discipline employees or to effectively 

recommend the same; 

(2) the authority to supervise; 

 

(3) the ability to authorize and grant 

overtime; 

(4) the authority to transfer and/or 

establish assignments; 

(5) the authority to create carrier policy; 

and, 

(6) the authority to commit carrier funds. 

 
16 

The Investigator also considers: 

(1) whether the authority exercised is 

circumscribed by operating and policy 

manuals; 

(2) the placement of the individual in the 

organizational hierarchy of the carrier; 

and, 

(3) any other relevant factors regarding 

the individual’s duties and 

responsibilities. 

9.212 Preponderance

Employees who perform work in more than one craft or class 

may be eligible to vote if the preponderance of their work time 

is spent performing job functions encompassed by the craft or 

class during a time period specified by the Investigator. 

Participants asserting that employees not on the list of potential 

eligible voters are eligible must provide evidence that these 

employees preponderantly perform job functions in the craft or 

class. 

 The Investigator will inform the participants in writing of the 

 specific documentation required for consideration of whether 

 these employees are eligible to vote. Absent unusual 

 circumstances, a period of 30 to 90 calendar days will be used 

 by the Investigator for a preponderance check. 

10.0 APPEALS OF CHALLENGES AND OBJECTIONS

10.1 Investigator’s Ruling on Challenges and Objections

The Investigator will issue a written ruling on the challenges and 

objections. The ruling will set forth the participants’ appeal rights and 

the appeal deadline. 

10.2 Appeals of Investigator’s Ruling

All appeals must be filed with the General Counsel and supported by 

substantial evidence. If the Investigator’s ruling is not appealed to the 

NMB by the deadline, the Investigator’s ruling is final. Absent 

extraordinary circumstances, evidence submitted on appeal will not be 
17 

considered by the NMB unless it was submitted to the Investigator. 

 

10.201 Submissions on Appeal

The participant may file a position statement and/or appeal. 

The other participant(s) may file one response to the position 

statement or appeal. Participants may request the opportunity 

to file rebuttal statements. Absent extraordinary circumstances, 

no further submissions will be accepted by the NMB. 

10.202 Extensions of Deadlines for Appeals

Requests for an extension of the deadline for appeals must be 

supported by reasonable justification and submitted in writing. 

Absent extraordinary circumstances, no request for an extension 

of the deadline received on the date a submission is due will be 

considered. 

11.0 MOTIONS FOR RECONSIDERATION

Reconsideration may not be sought from the NMB’s certification or dismissal. 

 Any motions for Reconsideration of Board determinations must be received 

by the General Counsel within two (2) business days of the decision's date of 

issuance. An original and one (1) copy of the motion must be filed with the 

General Counsel. The motion must comply with the NMB’s simultaneous 

service requirements of Manual Section 1.2. The motion must state the 

points of law or fact which the participant believes the NMB has overlooked or 

misapplied and the grounds for the relief sought. Absent a demonstration of 

material error of law or fact or circumstances in which the NMB’s exercise of 

discretion to modify the decision is important to the public interest, the NMB 

will not grant the relief sought. The mere reassertion of factual and legal 

arguments previously presented to the NMB is insufficient to obtain relief. 

12.0 PREPARATIONS FOLLOWING AUTHORIZATION OF ELECTION

12.1 Address List

When the NMB authorizes an election, the carrier is required to furnish, 

within five (5) calendar days of the date of authorization, alphabetized 

peel-off labels bearing the names and current addresses of all 

employees on the list of potential eligible voters. 

The participants should notify the Investigator, within five (5) calendar 

days of the authorization, of any employees on military leave who are 

serving in foreign countries or of any potential eligible voters located 
18 

outside the U.S. 

It is the responsibility of the carrier to provide address labels for any 

individuals who may be added to the list or treated as challenged 

voters. Unused labels will be returned or destroyed following the close 

of the case. 

12.101 Foreign Language Notice and Instruction

In cases where the electorate is composed of individuals who 

are unable to or have limited ability to read, speak, or 

understand English, the participants should notify the 

Investigator in the initial position statement. All requests for 

foreign language Notice and Instruction should be submitted 

with supporting documentation. If the NMB determines it 

necessary, the NMB will translate the Notice, Instructions, and 

telephone voting prompts to the appropriate foreign language. 

Absent extraordinary circumstances, foreign language requests 

will not be considered once the Notice has been mailed. 

12.2 Designation of the Official Eligibility List 

The "List of Potential Eligible Voters" previously obtained from the 

carrier and corrected, if necessary, by the Investigator constitutes the 

"Official Eligibility List" following an election authorization. The 

Investigator should notify the participants of any changes to the 

Official Eligibility List. 

12.3 Changes in Employee Status

Changes in employee status include, but are not limited to: death, 

retirement, promotion to management official, transfer out of craft or 

class, resignation, and working for another carrier. Employees who 

leave the craft or class prior to the ballot count are not eligible. 

The participants must advise the Investigator of any changes in 

employee status during the election period. Status changes should 

include the effective date of the change and supporting documentation. 

 It is the carrier’s responsibility to provide supporting documentation 

when status changes are raised by the participants. Agreement by the 

participants regarding status changes is not determinative. 

The Investigator is not obligated to accept status changes in employee 

status, absent extraordinary circumstances, if this information is 

provided less than seven (7) calendar days before the scheduled 
19 

count. The Investigator’s ruling is not appealable. 
20 

13.0 TELEPHONE AND INTERNET ELECTIONS

13.1 The Notice of Election

The NMB will provide copies of the Notice of Telephone and Internet 

Voting Instructions (Notice) to the participants at least five (5) calendar 

days before the Telephone and Internet Voting Instructions (Instructions) 

are mailed to the eligible voters. The Carrier must post the Notice on 

Carrier bulletin boards and at all locations where other notices to 

employees usually are posted. At least one Notice per station must be 

posted. 

13.2 Telephone and Internet Voting

13.201 Telephone and Internet Voting Instructions

The Instructions consist of the Telephone and Internet Voting 

Instructions, a Voter Identification Number (VIN), and a Personal 

Identification Number (PIN). 

It is NMB practice to list the incumbent, the applicant and then the 

intervenor in descending order on the Instructions. If there is no 

incumbent and more than one applicant, the Investigator will 

determine the placement of the names. 

The Investigator will establish a time period for voting. The 

number of eligible voters, the number of stations involved, and the 

geographical distribution of the voters will be considered when 

determining the appropriate voting period. Participants may 

request additional time for the voting period. This request must be 

filed in writing with the Investigator prior to the establishment of 

the voting period. The request must include a detailed explanation 

of the circumstances requiring an extended voting period. In no 

event will the Instructions be mailed less than 21 days before the 

tally. Only NMB agents administer Instructions, VINs, and PINs. 

13.202 Voter Identification Numbers

Each voter will be assigned a VIN to be used in conjunction with 

the voter’s PIN. The VIN is a randomly generated six digit 

confidential number known only to the voter and NMB agents. 
21 

13.203 Personal Identification Numbers

Each voter will also be assigned a PIN. The PIN is a randomly 

generated four digit confidential number known only to the voter 

and NMB agents. 

13.204 Voting with the PIN and VIN

To vote, the voter can either call a toll-free telephone number or 

access a designated website as explained in the Instructions. 

Voters can only vote once with their assigned VINS and PINS 

through either the telephone or the Internet. As the systems are 

linked, voters are prevented from voting more than once. 

Telephone Voting. The voter follows the voice prompts. When the 

voter’s identity is confirmed, the voter will be prompted with voting 

instructions for the election. The Telephone Electronic Voting 

(TEV) voice prompt will list the incumbent, the applicant and the 

intervenor. If there is no incumbent and more than one applicant, 

the Investigator will determine the placement of the names on the 

voice prompt. 

Internet Voting. After accessing the website, the voter enters 

his/her assigned VIN and PIN. When the voter’s identity is 

confirmed, a ballot screen will appear for the election in which 

he/she is eligible to vote. The incumbent, applicant, and 

intervenor will be listed in descending order. If there is no 

incumbent and more than one applicant, the Investigator will 

determine the placement of the names on the ballot screen.

 

The PIN and VIN ensure the confidentiality and the integrity of the 

election by eliminating unauthorized votes. 

13.205 Challenged Individuals

Individuals whose eligibility or ineligibility has been challenged, 

and for whom no final decision has been made, will be sent 

Instructions, a VIN and PIN. Their votes, if cast, will be considered 

challenged votes. Prior to the tally, the eligibility determinations 

will be made by the NMB election officials and appropriate 

adjustments to the List of Eligible Voters will be made. 
22 

13.206 Requests for Duplicate Telephone and Internet Voting 

Instructions

Voters may request duplicate Instructions, including a VIN and a 

PIN, by contacting the NMB in writing. The request must be signed 

by the voter requesting the Instructions and mailed in an individual 

envelope; group requests are not accepted. Requests by 

telephone, facsimile or electronic mail are not accepted. Requests 

received less than five (5) days before the tally will not be 

honored. Requests dated or received prior to the mailing of the 

Instructions will not be honored. 

The name of any employee requesting duplicate Instructions will 

be confidential. The employee will be mailed duplicate 

Instructions, including a VIN and a PIN, and the Official Eligibility 

List will be marked to reflect that duplicate Instructions were 

mailed. 

13.207 Undeliverable Telephone and Internet Voting Instructions

Instructions returned to the NMB for incorrect addresses or any 

other reason, will be checked for accuracy. If a “corrected” 

address is obtained at least five (5) calendar days prior to the tally, 

the Instructions will be mailed to the corrected address. 

Otherwise, the Instructions are undeliverable. 

13.208 TTY Communications System Users -- for Telephone Voting

Voters may use the NMB’s TTY communications system for 

Telephone Voting as explained in the Instructions. When the voter 

uses the TTY communications system, the voter must identify 

himself or herself with the correct PIN and VIN. NMB election 

officials shall assist the voter as necessary. 

13.209 Adjustments to the Official Eligibility List

The Investigator will verify the number of eligible voters prior to 

the tally by making the following adjustments: 

(1) clearing all challenges; 

(2) removing names for those individuals whose Instructions 

were undeliverable; and, 
23 

(3) adjusting for changes in employee status. 

13.3 The Tally of Votes

13.301 Location and Time of the Tally of Votes

The voting will close at 2 p.m., Eastern time, unless the 

Investigator establishes an alternate time. The tally of votes will 

occur at the NMB’s Office in Washington, DC. 

13.302 Request to Postpone the Tally

Absent extraordinary circumstances, requests to postpone the tally 

must be in writing and received no later than two (2) business 

days before the scheduled count, directed to the General Counsel, 

and must be supported by substantive evidence. The Board will 

consider granting such requests only in extraordinary 

circumstances. Unless the Investigator is officially advised by the 

Board to defer or cancel the tally, the Investigator shall tally the 

votes and overrule requests of participants either to defer or to 

cancel the tally, even when the applicant desires to withdraw the 

application. 

 

13.303 Admission and Control of the Tally of Votes

The NMB may allow a reasonable number of representatives from 

the Organization(s) and the Carrier to observe the tally. 

The Investigator will ensure that the observers do not interfere 

with the tally. Any material or information which might disclose 

whether particular employees cast votes or refrained from voting 

must be secured. Some examples of such materials would include 

marked eligibility lists, requests for duplicate Instructions, and 

voting records reflecting dates, times, and phone numbers. 

13.304 Vote Determinations

13.304-1 Valid Votes

Where the voter’s intent to vote for representation is clear, 

the vote is valid and will be counted as a vote for 

representation. If there is a majority of votes for 

representation generally, the organization or individual 

receiving a majority of votes cast for representation will be 

certified as the representative even if that individual or 
24 

organization did not receive votes from a majority of the 

craft or class. 

Valid votes include “write-in” votes which clearly indicate 

the voter’s desire for representation. Where a voter has 

successfully followed the TEV Instructions for a write-in 

vote, but has only recorded silence, the silent “write-in” 

vote will be counted as a valid vote for representation. 

Similarly with Internet voting, where a voter has selected to 

submit a write-in vote but has not entered any text and 

confirms this selection, that blank “write-in” vote will be 

counted as a valid vote for representation. 

13.304-2 Void Votes

The following votes are void and will not be counted: 

(1) votes cast for a carrier or carrier official; 

(2) votes where the voter’s intent is unclear; 

(3) votes indicating no desire for representation, such 

as “write-ins” indicating “No” or “No Union,” and; 

(4) votes where the voter has “written in” “self,” “self 

representation” or the equivalent. 

13.305 Authority to Tally the Votes

 Unless the Investigator is officially advised by the Board to defer or 

cancel the tally, the Investigator shall tally the votes and overrule 

requests of participants either to defer or to cancel the tally, even 

where the applicant desires to withdraw the application. 

13.306 Tally of Votes

Following any adjustments to the list of eligible voters, the NMB 

agents will enter the website, tally the votes, print the tally and 

provide copies to the Organization(s) and the Carrier. 

14.0 MAIL ELECTIONS

14.1 The Notice of Election
25 

The NMB will provide copies of the Notice of Election/Sample Ballot 

(“Notice”) to the participants at least five (5) calendar days before the 

ballots are mailed. The carrier must post the Notice on carrier bulletin 

boards and all locations where other notices to employees usually are 

posted. At least one Notice per station must be posted. 

14.2 Mail Ballot Elections

14.201 Official NMB Mail Ballots

All ballots must have a non-reproducible NMB seal. Different 

colored ballots are used for each election to preserve the 

integrity of the election. 

It is NMB practice to list the incumbent, the applicant and then 

the intervenor in descending order on the ballot. If there is no 

incumbent and more than one applicant, the Investigator will 

determine the placement of the names on the ballot. 

14.202 Ballot Package

Only NMB agents handle ballot packages. A ballot package 

consists of the Notice of Election/Ballot and a prepaid postage 

ballot return envelope. The ballot package is mailed to eligible 

voters not less than 21 calendar days before the ballot count. 

14.203 Key Numbering

Each ballot return envelope is marked with the case number and 

a unique key number. The key numbering system controls the 

integrity of the election by eliminating unauthorized ballots. The 

key number is also noted on the Official Eligibility List next to 

the name of each voter. 

14.204 Challenged Individuals

Individuals whose eligibility or ineligibility has been challenged, 

and no final decision has been made, will be sent a ballot 

package. 

14.205 Requests for Duplicate Ballots

Individuals listed on the Official Eligibility List may request a 

duplicate ballot by contacting the NMB in writing. The request 
26 

must be signed by the individual requesting the ballot and 

mailed in an individual envelope; group requests are not 

accepted. Requests by telephone, facsimile or electronic mail are 

not accepted. Requests received less than seven (7) calendar 

days before the count will not be honored. Requests dated or 

received prior to the mailing of the ballots will not be honored. 

The name of any individual requesting a duplicate ballot will be 

confidential. The individual will be sent a ballot package with 

the original key number written on the ballot return envelope. 

The ballot return envelope will be marked “duplicate” and the 

Official Eligibility List will be marked to indicate that a duplicate 

ballot was mailed. 

14.206 Undeliverable Ballots

Ballot packages returned to the NMB for incorrect addresses will 

be checked for accuracy. If a “corrected” address is obtained at 

least seven (7) calendar days prior to the count, the ballot 

package will be sent to the corrected address. Otherwise, the 

ballot package is undeliverable. 

14.207 Adjustments to the Official Eligibility List

The Investigator will verify the number of eligible voters prior to 

the count by making the following adjustments: 

(1) clearing all challenges; 

(2) removing names for those individuals whose ballot 

package was undeliverable; and, 

(3) adjusting for changes in employee status. 

14.3 The Ballot Count

14.301 Location and Time of the Ballot Count

The ballot count will be 2 p.m., Eastern Time, at the NMB’s 

offices in Washington, DC, unless the Investigator establishes an 

alternate time. 

14.302 Requests to Postpone the Tally

Absent extraordinary circumstances, requests to postpone the 
27 

ballot count must be in writing and received no later than two 

(2) business days before the scheduled count, directed to the 

General Counsel, and must be supported by substantive 

evidence. The Board will consider granting such requests only in 

extraordinary circumstances. 

Unless the Investigator is officially advised by the Board to defer 

or cancel the tally, the Investigator shall tally the votes and 

overrule requests of participants either to defer or cancel the 

tally, even when the applicant desires to withdraw the 

application. 

14.303 Admission and Control of the Ballot Count

The NMB may allow a reasonable number of representatives 

from the Organization(s) and the Carrier to observe the ballot 

count. 

The Investigator will ensure that the observers do not interfere 

with the count. All materials which might disclose whether 

particular employees cast ballots or refrained from voting must 

be secured from view prior to permitting any non-NMB 

employees to observe the final tabulation of the ballots. Such 

materials would include ballot envelopes with attest, marked 

eligibility lists, requests for duplicate ballots, and similar 

documents. All ballots should be mixed thoroughly before 

unfolding and commencing the actual count. 

 

14.304 Commencing Tally of Ballots

The Investigator will collect the ballots from the safe on the date 

of the count. 

14.305 Ballot Determinations

14.305-1 Invalid Ballot Return Envelopes

Ballot envelopes returned without a signed attest are 

invalid. Ballot envelopes from individuals not on the 

Official Eligibility List are invalid. Invalid envelopes are 

not opened. 

When a voter returns both the original and the duplicate 

ballot envelope, the original will be counted and the 

duplicate will be marked invalid. 
28 

14.305-2 Valid Ballots

Where the voter’s intent to vote for representation is 

clear, the ballot is valid and will be counted as a vote for 

representation. If there is a majority of votes for 

representation generally, the organization or individual 

receiving a majority of votes cast for representation will 

be certified as the representative even if that individual or 

organization did not receive votes from a majority of the 

craft or class. 

Valid ballots include write-in ballots which clearly indicate 

the voter’s desire for representation. Where a voter has 

marked an “X” in the box indicating a desire for 

representation by “any other organization or individual” 

without filling in the write-in space, the ballot will be 

counted as a valid vote for representation. 

14.305-3 Void Ballots

The following ballots are void and will not be counted: 

(1) ballots cast for a carrier or carrier official; 

(2) ballots marked in more than one square, where the 

voter’s intent is unclear; 

(3) ballots indicating no desire for representation, such 

as ballots marked “No” or “No Union;” 

(4) blank ballots; 

(5) ballots where the voter has written in “self,” “self 

representation” or the equivalent; and, 

(6) ballots which identify the voter, unless the voter 

has placed his/her name in the write-in space on 

the ballot and is not identified elsewhere on the 

ballot. 

15.0. TABULATION AND REPORT OF ELECTION RESULTS

Following any adjustment to the List of Eligible Voters, the Investigator shall 

complete the count, tabulate the results, and record the results on the Report 
29 

of Election Results. The Investigator shall sign the Report of Election Results 

and provide copies to the participants. 

15.1 Certifications and Dismissals

The NMB will generally issue a Certification or Dismissal based upon 

the Report of Election Results the next business day following the 

count. Existing Certifications remain in effect until the NMB issues a 

new Certification or Dismissal. 

16.0 RUN-OFF ELECTIONS

When a majority of the eligible voters have cast valid ballots, but no single 

organization or individual has received a majority of the votes cast, a run-off 

election may be held. All requests for run-off elections should be directed to 

the attention of the General Counsel. Run-off elections will be conducted 

only with written authorization of the Board. The procedures for run-off 

elections are set forth in the NMB Rules § 1206.1 (29 CFR § 1206.1). 

In a run-off election, the ballot includes only the two representatives 

receiving the greater number of votes cast in the initial election, and does not 

include a space for write-in votes. The representative receiving the higher 

number of votes in the run-off is declared the winner even if fewer than a 

majority of the eligible employees cast run-off ballots. (See 29 C.F.R. § 

1206.1). 

17.0 ALLEGATIONS OF ELECTION INTERFERENCE

The NMB will investigate allegations of election interference only after the 

tally, except in extraordinary circumstances. The NMB will consider only 

written allegations of election interference. Allegations must be submitted to 

the General Counsel no later than 4 p.m., Eastern Time, seven (7) business 

days after the date of the tally. Participants may respond to such allegations 

by 4 p.m., Eastern Time, seven (7) business days after the General Counsel’s 

receipt of the interference allegations. All submissions must comply with the 

simultaneous service requirements in Manual Section 1.2. 

Allegations of election interference must state a prima facie case that the 

laboratory conditions were tainted and must be supported by substantive 

evidence. Allegations of election interference not sufficiently supported by 

substantive evidence will be dismissed. 

If the NMB finds a prima facie case of election interference, the General 

Counsel will notify the participants in writing. 
30 

18.0 BARS TO REPRESENTATION APPLICATIONS

The NMB's representation bar procedures are set forth in the NMB Rules 

§1206.4 (29 CFR §1206.4). 

19.0 MERGER PROCEDURES

19.1 Merger

Merger is a consolidation, merger, purchase, lease, operating contract, 

acquisition of control, or similar transaction of two or more business 

entities. 

19.2 Authority

Pursuant to Section 2, Ninth, the NMB, upon an Application, has the 

authority to resolve representation disputes arising from a merger 

involving a Carrier or Carriers covered by the RLA. The NMB will 

consider these representation issues on a case-by-case basis. 

19.3 Notice to NMB

A Carrier should notify the NMB, in writing when any of the 

transactions described in Section 19.1 occur, or of: 

1) an intent to merge, at the same time it files with the Surface 

Transportation Board (STB) or the Department of Transportation 

(DOT); and 

2) a completed merger including the date of the merger and the 

Carriers (or business entities) involved. 

Notices must comply with the service requirements of Section 1.2. 

19.4 Initiation of Procedure for Determination of a Single Transportation 

System

Any organization or individual may file an application, supported by 
31 

evidence of representation or a showing of interest (See Section 

19.601-2), seeking a NMB determination that a single transportation 

system exists. 

19.5 Merger Investigations

After an application is filed, the NMB will conduct a pre-docket 

investigation to determine whether a single transportation system 

exists. The investigation may take any form appropriate to the 

determination. 

19.501 Factors Indicating a Single Transportation System

The following are some indicia of a single transportation 

system: 

(1) published combined schedules or combined routes; 

(2) standardized uniforms; 

(3) common marketing, markings or insignia; 

(4) integrated essential operations such as 

scheduling or dispatching; 

(5) centralized labor and personnel operations; 

(6) combined or common management, corporate 

officers, and board of directors; 

(7) combined workforce; and, 

(8) common or overlapping ownership. 

19.6 Procedure After Finding Single Transportation System

If the NMB determines that a single transportation system exists, the 

investigation will proceed to address the representation of the proper 

craft or class. The rules regarding percentage of valid authorizations in 

NMB Rule §1206.2 (29 CFR § 1206.2) and bar rules in NMB Rule 

§1206.4 (29 CFR § 1206.4) do not apply to applications filed under this 

section. 
32 

19.601 Showing of Interest on the Single Transportation System

 Incumbent 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. This evidence includes, but is not limited to, a 

seniority list, dues check-off list, a current collective bargaining 

agreement or a certification, or other indicia of current 

representation. 

19.602 If the organization or individual filing the application does not 

represent any of the employees covered by the application, the 

organization or individual must submit authorization cards from 

at least thirty-five (35) percent of the employees in the craft or 

class. If a single organization or individual represents all of the 

employees in a craft or class on the newly created single 

transportation system, an application filed by an intervening 

organization or individual must be supported by authorization 

cards from a majority (more than fifty (50) percent) of the 

employees in the craft or class. (See Section 3.601). 

19.603 If not already filed with the initial application, organizations 

(Incumbents and Intervenors) have fourteen (14) calendar days 

from the date of the NMB’s single transportation system 

determination to submit evidence of a showing of interest or to 

supplement the showing of interest on the single transportation 

system. 

Applications that do not meet the showing of interest 

requirements will be dismissed. 

19.7 Status of Representation Certifications

Existing certifications remain in effect until the NMB issues 

a new certification or dismissal. 
33 

Index to NMB Representation ManualTerm Page No(s). 

Access to Books and Records........................................................................... 4 

Address List ........................................................................................................ 14 

Appeals, Investigator’s Decisions .................................................................. 13 

Application, 

 Bars to ..................................................................................................... 25 

 Definition ................................................................................................. 1 

 Initial Filing ............................................................................................ 2-4, 25 

 Intervenor ............................................................................................... 6 

 Withdrawal ............................................................................................... 8 

Authorization Cards, 

 Acceptance of Additional ....................................................................... 6 

 Age ............................................................................................................. 6 

 Cancellation or Revocation ................................................................... 6 

 Confidentiality .......................................................................................... 6 

 Form and Content .................................................................................. 5 

 Initial Filing ............................................................................................... 2 

 Intervenor .................................................................................................. 6 

 Percentage Required for Election .......................................................... 7 

 Validity ......................................................................................................... 6 

Authorization of Election ...................................................................................... 

 8 

Bars to Representation Applications ................................................................... 25 

Certificate of Service ............................................................................................... 3 

Certification, Based on Check of Authorizations ............................................... 8 

Challenged Individuals ............................................................................................ 8 

Challenged Ballots ................................................................................................... 20 

Challenges or Objections, 

 Filing ................................................................................................................ 9 

 Investigator’s Decision ................................................................................ 13 

 Objections, Rejection ................................................................................... 13 

Communication Guidelines ..................................................................................... 3 

Contractor’s Employees ........................................................................................... 12 

Craft or Class Determination ................................................................................. 10 

Cut-Off Date .............................................................................................................. 5, 10 

Definitions ................................................................................................................... 1 

Dismissed Employees ............................................................................................... 11 
34 

Election Interference ................................................................................................ 24 

Eligibility List, 

 Adjustments to .......................................................................................... 18, 21-22 

Carrier Submission ................................................................................................ 

 5 

Eligibility Determinations ..................................................................................... 10-13 

Employees, 

 Based in Foreign Countries ......................................................................... 12 

 Contractor’s ..................................................................................................... 12 

 Dismissed ........................................................................................................ 11 

 Furloughed ....................................................................................................... 11 

 Leave of Absence ........................................................................................... 11 

 Part-Time ......................................................................................................... 10 

 Probationary .................................................................................................... 11 

 Retired ............................................................................................................... 12 

 Temporary ........................................................................................................ 11 

 Working for Another Carrier ........................................................................ 12 

Ex Parte Communications ........................................................................................ 4 

Extensions of Deadlines ............................................................................................ 14 

Facsimile Line for Representation Matters ............................................................ 3 

Foreign Countries, Individuals Based in ............................................................... 12 

Furloughed Employees ............................................................................................ 11 

Invalid Ballots ............................................................................................................. 21 

Investigator’s Decisions, Appeals .......................................................................... 13-14 

Jurisdiction, Objections to ........................................................................................ 9 

Key Numbering ........................................................................................................... 21 

Leave of Absence ........................................................................................................ 11 

List of Potential Eligible Voters ................................................................... 5, 17, 18, 21 

Mail Elections .............................................................................................................. 20-24 

 Admission to ................................................................................................... 19, 22 

 Ballots, 

 Cast for Carrier Official ................................................................................. 19 

 Challenged ....................................................................................................... 21 

 Disclosing Employee’s Identity ................................................................... 22 

 Duplicate ........................................................................................................... 21 

 Invalid ................................................................................................................ 23 

 Location and Time .......................................................................................... 22 

 Marked in More than One Square ............................................................... 24 
35 

 Marked No, No Union or Unmarked ........................................................... 24 

 Names on ......................................................................................................... 19 

 Places on ........................................................................................................... 19 

 Returned ............................................................................................................ 23 

 Undeliverable .................................................................................................... 22 

 Valid .................................................................................................................... 23 

 Void ..................................................................................................................... 23 

 Write-In ............................................................................................................. 23 

Management Officials ................................................................................................. 20 

Merger Procedures, 

 Authority .......................................................................................................... 25 

 Factors Indicating Single Transportation System .................................. 26 

 Initiation of Procedure for Determination of a Single 

 Transportation System .............................................................................. 26 

 Investigations ................................................................................................. 26 

 Notice to NMB ................................................................................................. 25 

 Procedures After Finding Single Transportation System ...................... 27 

 Showing of Interest on the Single Transportation System .................. 27 

 Status of Representation Certifications .................................................... 27 

Motions for Reconsideration ..................................................................................... 14 

Notice and Rules of Election ..................................................................................... 16, 20 

Notice, Posting ............................................................................................................. 16, 20 

Notice of Appearance ................................................................................................. 3-4 

Part-Time Employees ................................................................................................. 10 

Personal Identification Numbers ............................................................................. 17 

Preponderance Checks ............................................................................................... 13 

Probationary Employees ............................................................................................ 11 

Report of Election Results .........................................................................................19, 24 

Retired Employees ....................................................................................................... 12 

Run-Off Elections ......................................................................................................... 24 

Showing of Interest ................................................................................................... 7 

Signature Samples ................................................................................................... 

 5 

Status Changes ......................................................................................................... 15 

Tally of Votes ............................................................................................................... 20, 24 

 Admission to ................................................................................................. 19, 22 

 Location and Time ....................................................................................... 18, 22 

 Procedures ...................................................................................................... 18, 23 
36 

Telephone and Internet Elections ............................................................................16-20 

 Admission and Control of the Tally of Votes............................................. 19 

 Adjustments to the Official Eligibility List.................................................. 18 

 Authority to Tally the Votes........................................................................... 20 

 Challenged Individuals................................................................................... 17 

 Request for Duplicate Telephone and Internet Voting Instructions...... 18 

 Request to Postpone the Tally........................................................................ 19 

 Personal Identification Numbers ................................................................. 16 

 Tally of Votes..................................................................................................... 19 

 Telephone Voting.............................................................................................. 17 

 Valid .................................................................................................................... 19 

 Void ..................................................................................................................... 20 

 Voting With VIN and PIN................................................................................ 17 

 Voter Identification Numbers ....................................................................... 16 

 Undeliverable Telephone and Internet Voting Instructions.................... 18 

Temporary Employees ............................................................................................... 11 

TTY Communications System Users – For Telephone Voting............................ 18 

Valid Ballots ..................................................................................................................19, 23 

Void Ballots .................................................................................................................. 20, 24 

Voluntary Recognition ............................................................................................... 8 

Voter Identification Numbers .................................................................................. 17 

Working for Another Carrier ..................................................................................... 12 

Write-In Ballots ........................................................................................................... 20