29 C.F.R. § 1206.2
Percentage of valid authorizations required to determine existence of a representation dispute
(a) Upon receipt of an application requesting that an organization or individual be certified as the representative of any craft or class of employees, or to decertify the current representative and have no representative, a showing of proved authorizations (checked and verified as to date, signature, and employment status) from at least fifty (50) percent of the craft or class must be made before the National Mediation Board will authorize an election or otherwise determine the representation desires of the employees under the provisions of section 2, Ninth, of the Railway Labor Act.
(b) Any intervening individual or organization must also produce proved authorizations (checked and verified as to date, signature, and employment status) from at least fifty (50) percent of the craft or class of employees involved to warrant placing the name of the intervenor on the ballot.
Notes of Decisions
Cited in 11
cases, 1967–2011 · leading case: Air Transp. Ass'n of Am., Inc. v. Nat'l Mediation Bd., 663 F.3d 476 (D.C. Cir. 2011).
Air Transp. Ass'n of Am., Inc. v. Nat'l Mediation Bd., 663 F.3d 476 (D.C. Cir. 2011). “See 29 C.F.R. § 1206.2 (a) ("[A] showing of proved authorizations (checked and verified as to date, signature, and employment status) from at least a majority of the craft or class must be made before the National Mediation Board will authorize an election or otherwise determine…”
Prof'l Cabin Crew Ass'n v. Nat'l Mediation Bd., an Agency of the United States, Indep. Fed'n of Flight Attendants, 872 F.2d 456 (D.C. Cir. 1989). “at 345 (quoting 29 C.F.R. § 1206.2 (a)). On July 30, 1987, PCCA filed its application, which was accompanied by a showing of interest alleged to be a majority of the approximately 5,100 attendants then currently working for TWA.”
Aircraft Mechanics Fraternal Ass'n v. United Airlines, Inc., 406 F. Supp. 492 (N.D. Cal. 1976). “In accordance with NMB Rules and Regulations, 29 C.F.R. § 1206.2 , AMFA submitted authorization cards from over 50% of the employees in the craft or class designating it as the representative for purposes of collective bargaining of the signatory employees.”
Am. Airlines, Inc. v. Nat'l Mediation Bd., 453 F. Supp. 430 (S.D.N.Y. 1978). “29 C.F.R. § 1206.2 . 1 On September 15, 1977 the NMB requested that plaintiff supply it with certain information to aid in processing the IBT application.”
Bhd. of Locomotive Firemen & Enginemen v. Nat'l Mediation Bd., Nat'l Mediation Bd. v. Bhd. of Locomotive Engineers, 410 F.2d 1025 (D.C. Cir. 1969). “2 (1968) 28 29 C.F.R. 1206.2 (1968) 29 Udall v. Tallman, 380 U.”
Laurence G. Russell, William L. Hanna & Eddie D. Langwell, Plaintiffs v. Nat'l Mediation Bd., the Atchison, Topeka & Santa Fe Ry. Co., 714 F.2d 1332 (5th Cir. 1983). “The process for such “progress” is set forth in 29 C.F.R. § 1206.2 (a): [W]here the employees involved in a representation dispute are represented by an individual or labor organization .”
In Re Nw. Airlines Corp., 346 B.R. 307 (Bankr. S.D.N.Y. 2006). “29 C.F.R. § 1206.2 (a). The Court has not been apprised of the consequences, if any, of these developments.”
Local 732, Int'l Bhd. of Teamsters v. Nat'l Mediation Bd., 438 F. Supp. 1357 (S.D.N.Y. 1977). “” 29 C.F.R. § 1206.2 (b) (1976). Representatives of IBT, BRAC, and Amtrak maintained that all police officers employed on the Amtrak system constitute a single class or craft.”
Pan Am. World Airways, Inc. v. Int'l Bhd. of Teamsters, 275 F. Supp. 986 (S.D.N.Y. 1967). “2 of the Board’s regulations, 29 C.F.R. § 1206.2 , and ordered an election.”
Am. Airlines, Inc. v. Nat'l Mediation Bd., 588 F.2d 863 (2d Cir. 1978). “Then, after the Board has made its investigation and determined the precise scope of the craft or class involved and whether there has been a “showing of proved authorizations from at least thirty-five percent of the employees in the craft or class,” 29 C.F.R. § 1206.2 (b), 10…”
Luisa M. Texidor v. James Ceresa, 590 F.2d 357 (1st Cir. 1978). “See 29 C.F.R. § 1206.2 (a) (50% interest in rival union required).”
— 29 C.F.R. § 1206.2(a) — 1 case
Aircraft Mechanics Fraternal Ass'n v. United Airlines, Inc., 406 F. Supp. 492 (N.D. Cal. 1976). “In accordance with NMB Rules and Regulations, 29 C.F.R. § 1206.2 , AMFA submitted authorization cards from over 50% of the employees in the craft or class designating it as the representative for purposes of collective bargaining of the signatory employees.”
— 29 C.F.R. § 1206.2(b) — 1 case
Aircraft Mechanics Fraternal Ass'n v. United Airlines, Inc., 406 F. Supp. 492 (N.D. Cal. 1976). “In accordance with NMB Rules and Regulations, 29 C.F.R. § 1206.2 , AMFA submitted authorization cards from over 50% of the employees in the craft or class designating it as the representative for purposes of collective bargaining of the signatory employees.”
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