29 C.F.R. § 1206.4

Time limits on applications

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Except in unusual or extraordinary circumstances, the National Mediation Board will not accept an application for investigation of a representation dispute among employees of a carrier:

(a) For a period of two (2) years from the date of a certification or decertification covering the same craft or class of employees on the same carrier, and

(b) For a period of one (1) year from the date on which:

(1) The Board dismissed a docketed application after having conducted an election among the same craft or class of employees on the same carrier and less than a majority of valid ballots cast were for representation; or

(2) The Board dismissed a docketed application covering the same craft or class of employees on the same carrier because no dispute existed as defined in § 1206.2 of these rules; or

(3) The Board dismissed a docketed application after the applicant withdrew an application covering the same craft or class of employees on the same carrier after the application was docketed by the Board.

[44 FR 10602, Feb. 22, 1979, as amended at 75 FR 26088, May 11, 2010; 84 FR 35989, July 26, 2019]

Notes of Decisions

Cited in 5 cases, 1976–1985 · leading case: Aircraft Mechanics Fraternal Ass'n v. United Airlines, Inc., 406 F. Supp. 492 (N.D. Cal. 1976).

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Aircraft Mechanics Fraternal Ass'n v. United Airlines, Inc., 406 F. Supp. 492 (N.D. Cal. 1976). “29 C.F.R. Section 1206.4. 9 . Here, plaintiffs borrow the language of the National Labor Relations Act, which details, in Section 8, 29 U.”

Am. Airlines, Inc. v. Nat'l Mediation Bd., 453 F. Supp. 430 (S.D.N.Y. 1978). “See 29 C.F.R. § 1206.4 (Note). 3 . Plaintiff here is not requesting a review of each card nor the name of the person signing tile card.”

Local 732, Int'l Bhd. of Teamsters v. Nat'l Mediation Bd., 438 F. Supp. 1357 (S.D.N.Y. 1977). “-4(a), 29 C.F.R. § 1206.4 (a) (1976). IBT took the position that 4R effectively certified it to be the initial representative of Amtrak police officers in the Northeast Corridor segment, and hence the Board should decline to accept applications for the investigation of alleged…”

Hunter v. Nat'l Mediation Bd., 754 F.2d 1496 (9th Cir. 1985). · cites it 2× “29 C.F.R. § 1206.4 (a) (1984). Hunter filed an action challenging the NMB refusal to investigate, alleging that it violated his First Amendment rights to free association.”

Scheduled Skyways, Inc. v. Nat'l Mediation Bd., 738 F.2d 339 (8th Cir. 1984). “The regulations of the National Mediation Board provide: Except in unusual or extraordinary circumstances, the National Mediation Board will not accept an application for investigation of a representation dispute among employees of a carrier: (a) For a period of two (2) years…”

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