OP
UFAU_FlyBoy
Member
- Mar 30, 2004
- 19
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- Thread Starter
- Thread starter
- #46
Okay, I did a bit of research and put all the highlights together:
Process for a Representation Dispute:
Eligible voters = seniority list. Furlough, disciplinary suspension, LOA: doesn't matter. Basically, if you're on the list, then your representation depends upon the outcome of the election, so you are eligible to vote. A glaring exception is that foreign-based workers are not eligible to vote in the representational election.
The 'class' is the classification of workers who will be represented, for instance Flight Attendants at a particular airline.
'Representation Dispute,' in this case, means challenging an incumbent airline labor union for representation of a class of workers.
Signature Cards (Showing of interest)
---------------------------------------------------------
Dispute - At least 50%+1 of the seniority list must sign signature cards asking the NMB to hold a representational election. No signature may be more than one year old when submitted to the NMB. The NMB verifies the signatures against samples provided by the carrier, then calls a representational election between the incumbent union and the contender who submitted the 50%+1 signatures.
Intervenors - Any person or organization who collects signature cards from 35% of the seniority list may also add themselves to the ballot after the election is called.
Representational Election
----------------------------------------------------------
The representational election is two votes in one:
Collective Bargaining Representation - Union or no union?
-If at least 50%+1 of the seniority list vote for any collective bargaining representative(s), then the NMB recognizes that the majority of the class wants to be collectively represented (unionized) and some collective bargaining representative (union) will be certified.
-If at least 50%+1 of the seniority list no-vote (don't cast a vote for some contender, balloted or write-in), then the current union loses the representation of the class and the class are essentially employees at will. (Which has been just dandy at Delta for decades, but I wouldn't want to try it at home.) This has never happened in the history of the NMB. Abstaining, voting "No," "Self," "No union," etc are all no-votes.
Collective Bargaining Representative - Which union?
Assuming the 50%+1 of the seniority list threshold is met, the contender who receives the most of the votes cast wins, and is certified the business day after the vote tally.
Let's take an example of a three-contender representational election with an 85% turnout: 15%=no-vote, 15%=A, 30%=B, 40%=C.
85% voted for collective bargaining representation, so some contender will be certified as the collective bargaining representative. C received the most votes, so C wins the representational election.
Run-Off
--------------------------------------------------------
If there are more than two contenders, then there can be a run-off between the top two. B and C, in the case of our example. The idea here would be that those who voted for A or no-voted would get another chance to vote in what is essentially a new election with a new set of choices. (If, for example, the 15% who voted A would now choose B as their next choice, then B might get a combined 45% and win the run-off.) The winner of the run-off is the contender that receives the most votes. There is no 50%+1 threshold in a run-off. (14 NMB 155 (1987)).
A run-off in an originally two-contender election is generally moot. Theoretically there may be the possibility of a runoff after a two-contender representational election if there is a substantial contingency of no-voters who could change the outcome now that employment at will is no longer an option for them. Our advisors tell us that run-off elections are rare.
-------------------------------------------------------
The whole point of all of this is for the NMB to protect and facilitate each worker's right to unionize without interference.
The best first sources of this information are the NMB Representation Manual (PDF):
http://www.nmb.gov/representation/repman101503.pdf
And the NMB FAQ:
http://www.nmb.gov/representation/faqs-ola.html
Process for a Representation Dispute:
Eligible voters = seniority list. Furlough, disciplinary suspension, LOA: doesn't matter. Basically, if you're on the list, then your representation depends upon the outcome of the election, so you are eligible to vote. A glaring exception is that foreign-based workers are not eligible to vote in the representational election.
The 'class' is the classification of workers who will be represented, for instance Flight Attendants at a particular airline.
'Representation Dispute,' in this case, means challenging an incumbent airline labor union for representation of a class of workers.
Signature Cards (Showing of interest)
---------------------------------------------------------
Dispute - At least 50%+1 of the seniority list must sign signature cards asking the NMB to hold a representational election. No signature may be more than one year old when submitted to the NMB. The NMB verifies the signatures against samples provided by the carrier, then calls a representational election between the incumbent union and the contender who submitted the 50%+1 signatures.
Intervenors - Any person or organization who collects signature cards from 35% of the seniority list may also add themselves to the ballot after the election is called.
Representational Election
----------------------------------------------------------
The representational election is two votes in one:
Collective Bargaining Representation - Union or no union?
-If at least 50%+1 of the seniority list vote for any collective bargaining representative(s), then the NMB recognizes that the majority of the class wants to be collectively represented (unionized) and some collective bargaining representative (union) will be certified.
-If at least 50%+1 of the seniority list no-vote (don't cast a vote for some contender, balloted or write-in), then the current union loses the representation of the class and the class are essentially employees at will. (Which has been just dandy at Delta for decades, but I wouldn't want to try it at home.) This has never happened in the history of the NMB. Abstaining, voting "No," "Self," "No union," etc are all no-votes.
Collective Bargaining Representative - Which union?
Assuming the 50%+1 of the seniority list threshold is met, the contender who receives the most of the votes cast wins, and is certified the business day after the vote tally.
Let's take an example of a three-contender representational election with an 85% turnout: 15%=no-vote, 15%=A, 30%=B, 40%=C.
85% voted for collective bargaining representation, so some contender will be certified as the collective bargaining representative. C received the most votes, so C wins the representational election.
Run-Off
--------------------------------------------------------
If there are more than two contenders, then there can be a run-off between the top two. B and C, in the case of our example. The idea here would be that those who voted for A or no-voted would get another chance to vote in what is essentially a new election with a new set of choices. (If, for example, the 15% who voted A would now choose B as their next choice, then B might get a combined 45% and win the run-off.) The winner of the run-off is the contender that receives the most votes. There is no 50%+1 threshold in a run-off. (14 NMB 155 (1987)).
A run-off in an originally two-contender election is generally moot. Theoretically there may be the possibility of a runoff after a two-contender representational election if there is a substantial contingency of no-voters who could change the outcome now that employment at will is no longer an option for them. Our advisors tell us that run-off elections are rare.
-------------------------------------------------------
The whole point of all of this is for the NMB to protect and facilitate each worker's right to unionize without interference.
The best first sources of this information are the NMB Representation Manual (PDF):
http://www.nmb.gov/representation/repman101503.pdf
And the NMB FAQ:
http://www.nmb.gov/representation/faqs-ola.html
