Certification

When a union or an individual seeks to represent a specific group of employees (craft-or-class) for the purpose of negotiating as a group on wages, hours, benefits, and working conditions (collective bargaining), the NMB investigates the case. The NMB examines the jurisdiction of the carrier under the Railway Labor Act ( RLA); the appropriate carrier and craft-or-class designation; the eligibility of voters; and whether an election is justified. If an election is authorized, the NMB conducts the election and certifies the winning union or individual to represent the group. Additionally, the NMB ensures that the representation process occurs without interference, influence or coercion. See the NMB Representation Manual for more information.

How is the winner of an election determined? If a majority of eligible voters in the craft or class vote for representation, then the organization that receives the majority of the votes cast "wins" the election. In determining whether a majority of employees voted, all votes for representation are totaled.

How do voters vote no? A voter, who does not wish to be represented, should not call the TEV telephone number or access the NMB’s Internet voting website.

If a majority of the eligible voters votes in favor of representation, the NMB issues a certification the next business day after a tally. If less than a majority of eligible voters votes in favor of representation, the NMB issues a dismissal.

If a representation application is dismissed, does the current representative of the craft or class of employees lose its representation rights? It depends. If an organization files an application for a craft or class that is already represented, the incumbent organization is a party in the investigation and election. If the organization, which filed the application, does not have an adequate showing of interest or for some other reason the application is dismissed prior to an election, the incumbent organization will remain the representative of the craft or class. If the investigation proceeds to an election and a majority of the eligible voters in the craft or class do not vote in the election, then the application is dismissed and the incumbent organization loses its representation status. In determining whether a majority of employees voted, all votes for representation are totaled.

Decertification

Decertification is the loss of its NMB certification (representation rights) by an incumbent union or individual. The NMB does not have a union-decertification process per se. However, if less than a majority of eligible voters votes in favor of representation, the NMB issues a dismissal, and the incumbent organization or individual loses its representation status. In determining whether a majority of employees voted, all votes for representation are totaled.

Internal Union Matters

The NMB does not have jurisdiction over internal union matters such as the election of union officials, voting to strike, or the voting to approve (ratify) a collective bargaining agreement.

Other Information regarding Representation

For a Description of NMB representation, click here.

For frequently asked questions (FAQs), click here.

For a menu of other representation information, click here.