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ARTICLE · 11 SEPTEMBER 2012

NMB Clarifies Run-off Election Rule

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The National Mediation Board (NMB) has published a revision to its previously issued Notice of Proposed Rulemaking (NPRM) clarifying that it will authorize a run-off election only in elections where three or more options receive a valid vote.

United StatesEmployment and HR
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Executive Summary:  The National Mediation Board (NMB) has published a revision to its previously issued Notice of Proposed Rulemaking (NPRM) clarifying that it will authorize a run-off election only in elections where three or more options receive a valid vote.

In our May 22, 2012 Legal Alert discussing the NMB's May 15 NPRM to revise the NMB's election rules to comply with the RLA amendments, we cautioned that it appeared from the language of the NPRM that the NMB was proposing a change in its procedures in the event of a tie between those voting for and those voting against representation.  Under current practice, in such a situation the union's application would be dismissed.  The initial proposed rule stated "[i]f in an election among any craft or class no option receives a majority of the legal votes cast, or in the event of a tie vote, the Board shall authorize a run-off election."  This led us to question whether the NMB intended to hold a run-off election

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