Pinocchio
View attachment 3977
Here is who can vote.
http://www.nmbfacts.com/RepManual-Index.htm
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;
(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.
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.
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.
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