29 C.F.R. § 1206.6
Eligibility of dismissed employees to vote
Dismissed employees whose requests for reinstatement account of wrongful dismissal are pending before proper authorities, which includes the National Railroad Adjustment Board or other appropriate adjustment board, are eligible to participate in elections among the craft or class of employees in which they are employed at time of dismissal. This does not include dismissed employees whose guilt has been determined, and who are seeking reinstatement on a leniency basis.
Notes of Decisions
Cited in 6
cases, 1979–1997 · leading case: 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).
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). “3 The rule to which the Board referred, 29 C.F.R. § 1206.6 , by its terms requires that the subjects be “[djismissed employees” who have pending proceedings to require their reinstatement.”
Washington Cent. R.R. v. Nat'l Mediation Bd., 830 F. Supp. 1343 (E.D. Wash. 1993). “29 C.F.R. 1206.6. While the employees’ reinstatement claims were still pending, the NMB mailed out ballots and set the date for counting the votes.”
Virgin Atl. Airways, Ltd. v. Nat'l Mediation Bd., 956 F.2d 1245 (2d Cir. 1992). “See 29 C.F.R. § 1206.6 (1991). Virgin recognized this rule, but argued that the four should not be allowed to vote because the Hodges action was merely an attempt to take advantage of that rule rather than a bona fide reinstatement action.”
Am. West Airlines, Inc. v. Nat'l Mediation Bd. Int'l Bhd. of Teamsters, Chauffeurs, Warehousemen & Helpers, Afl-Cio, 119 F.3d 772 (9th Cir. 1997). “29 C.F.R. 1206.6. Other circuit courts have condoned this expansion of the definition of “employee”.”
Air Canada v. Nat'l Mediation Bd., 478 F. Supp. 615 (S.D.N.Y. 1979). “6, 29 C.F.R. 1206.6, however provides that: Dismissed employees whose requests for reinstatement on account of wrongful dismissal are pending before proper authorities which includes the National Railroad Adjustment Board or other appropriate adjustment board, are eligible to…”
United Air Lines, Inc. v. Local 851, Int'l Bhd. of Teamsters, 697 F. Supp. 616 (E.D.N.Y 1988). “6, 29 C.F.R. § 1206.6 , and NMB Representation Manual § 5.”
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