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29 NMB No. 90 TO: All Carriers and Labor Organizations FROM: Benetta M. Mansfield, Chief of Staff RE: Telephone Electronic Voting Effective September 30, 2002, the National Mediation Board (Board) generally will conduct representation elections using Telephone Electronic Voting (TEV). The Board's TEV system utilizes the same highly secure technology which many Carriers use for shareholder voting and which many Organizations use for membership voting and polling. TEV is being implemented after a year of research and careful consideration of the comments received during the Board's presentation on September 18, 2002. The Board believes that TEV will further its mission and allow the Board to conduct representation elections fairly and efficiently. Attached is a sample Notice of Telephone Voting Election, sample Telephone Voting Instructions, and a new Representation Manual (Manual) section regarding TEV. Manual Section 20.0 is entitled "Telephone Elections" and should be used in conjunction with the current Manual. The Board will issue a revised Manual in the near future. Please note the reference to the United States Code in both the Notice of Telephone Voting Election and the Telephone Voting Instructions warning against fraudulent use of another voter's identification number. The Board will accept any comments regarding TEV during a 120-day period commencing September 30, 2002. Please email any comments to the Office of Legal Affairs at legal@nmb.gov. Further information on the security and integrity of telephone voting can be found at http://www.ballotpoint.com/security.htm. - Attachments -
An election is being conducted under the Railway Labor Act (RLA) for the craft or class of: (CRAFT OR CLASS), employees of (CARRIER NAME). Sought to be represented by: (ORGANIZATION NAME) and presently not represented. No employee is required to vote. If less than a majority of employees cast valid votes, no representative will be certified. Should a majority vote to be represented, the representative that receives a majority of the votes cast will be the representative. Under the RLA, a majority of the craft or class of employees has the right to determine their representative. The RLA also states that elections shall be free from interference, influence or coercion. It is unlawful for a carrier to interfere with the organization of its employees. Alleged violations may be reported in writing to the NATIONAL MEDIATION BOARD (NMB), Office of Legal Affairs, 1301 K St., NW., Suite 250 East, Washington, DC 20005. On (Date), the NMB will mail you Telephone Voting Instructions and a Voter Identification Number (VIN). Federal law prohibits knowingly and willfully making materially false, fictitious, or fraudulent statements or representations in any matter within the jurisdiction of the United States Government. 18 U.S.C. § 1001. This includes use of another voter's identification number. Your VIN is a confidential number, known only to you and the NMB. To maintain the confidentiality and integrity of the voting process, do not share your VIN with anyone. If you do not receive your VIN by (Date), you may contact the NMB to request a duplicate VIN. Your request must be in writing and signed by you. The request must be in an individual envelope. No group requests are accepted. Requests by telephone or facsimile are not accepted. Mail the request to: National Mediation Board, Office of Legal Affairs, 1301 K St., NW., Suite 250 East, Washington, DC 20005. No requests will be accepted after (Date). An example of the telephone voting instructions is found below:
Your vote must be cast by 2 p.m. ET, on (Date of Count) the day of the count. The telephone voting system operates 24 hours a day, 7 days a week, starting at 12:01 a.m. ET, on (Date). Voting ends at 2 p.m. ET, (Date), the day of the count. If you experience any problem with the telephone voting system, please call the NMB at 1-800-488-0019 ext. 5040 (Monday to Friday, 8:30 a.m. to 5 p.m. ET). An election is being conducted under the Railway Labor Act (RLA) for the craft or class of: (CRAFT OR CLASS), employees of (CARRIER NAME). Sought to be represented by: (ORGANIZATION NAME) and presently not represented. No employee is required to vote. If less than a majority of employees cast valid votes, no representative will be certified. Should a majority vote to be represented, the representative that receives a majority of the votes cast will be the representative. Under the RLA, a majority of the craft or class of employees has the right to determine their representative. The RLA also states that elections shall be free from interference, influence or coercion. It is unlawful for a carrier to interfere with the organization of its employees. Alleged violations may be reported in writing to the NATIONAL MEDIATION BOARD (NMB), Office of Legal Affairs, 1301 K St., NW., Suite 250 East, Washington, DC 20005. If you choose to vote, follow the instructions below.
Your vote must be cast by 2 p.m. ET, on (Date of Count) the day of the count. The telephone voting system operates 24 hours a day, 7 days a week, starting at 12:01 a.m. ET, on (Date). If you do not receive your VIN by (Date), you may contact the NMB to request a duplicate VIN. Your request must be in writing and signed by you. The request must be in an individual envelope. No group requests are accepted. Requests by telephone or facsimile are not accepted. Mail the request to: National Mediation Board, Office of Legal Affairs, 1301 K St., NW., Suite 250 East, Washington, DC 20005. No requests will be accepted after (Date). Voting ends at 2 p.m. ET, (Date), the day of the count. If you experience any problem with the telephone voting system, please call the NMB at 1-800-488-0019 ext. 5040 (Monday to Friday, 8:30 a.m. to 5 p.m. ET). Federal law prohibits knowingly and willfully making materially false, fictitious, or fraudulent statements or representations in any matter within the jurisdiction of the United States Government. 18 U.S.C. § 1001. This includes use of another voter's identification number. Your VIN is a confidential number, known only to you and the NMB. To maintain the confidentiality and integrity of the voting process, do not share your VIN with anyone. 20.0 TELEPHONE ELECTIONS 20.1 The Notice of Election The NMB will provide copies of the Notice of Election/Telephone Voting Instructions (Notice) to the participants at least five calendar days before the Telephone Voting Instructions (Instructions) are mailed to the eligible voters. The Carrier must post the Notice on Carrier bulletin boards and all locations where other notices to employees usually are posted. At least one Notice per station must be posted. 20.2 Telephone Voting 20.201 Telephone Voting Instructions The Instructions consist of the telephone voting instructions and a Voter Identification Number (VIN). The Instructions are mailed not less than 28 days before the count. Only NMB agents administer Instructions and VINs. 20.202 Voter Identification Numbers Each voter will be assigned a VIN to be used in conjunction with the last four digits of the voter's Social Security number. The VIN is a confidential number known only to the voter and NMB agents. The VIN is also noted on the Official Eligibility List next to the voter's name. 20.203 Personal Identification Numbers The Personal Identification Number (PIN) is the last four digits of the voter's Social Security Number. 20.204 Telephone Voting with the PIN and VIN To vote, the voter must call a toll-free telephone number as explained in the Instructions. The voter follows the prompts. When the voter's identity is confirmed, the voter will be prompted with voting instructions for the election. The PIN and VIN ensure the confidentiality and the integrity of the election by eliminating unauthorized votes. 20.205 Foreign Language Notice and Instruction When the NMB determines that eligible voters are unable to or have limited ability to read, speak or understand English, the NMB will translate the Notice, Instructions and telephone voting prompts to the appropriate foreign language as an alternative to English for the eligible voters.
20.206 Challenged Individuals Individuals whose eligibility or ineligibility has been challenged, and no final decision has been made, will be sent Instructions and a VIN. Their votes, if cast, will be considered challenged votes. Prior to the count, the eligibility determinations will be made by the NMB election officials and appropriate adjustments to the election records will be made. 20.207 Requests for Duplicate Telephone Voting Instructions Voters may request duplicate Instructions, including a VIN, by contacting the NMB in writing. The request must be signed by the voter requesting the Instructions and mailed in an individual envelope; group requests are not accepted. Requests by telephone, facsimile or electronic mail are not accepted. Requests received less than seven days before the count will not be honored. Requests dated or received prior to the mailing of the Instructions will not be honored. The name of any voter requesting duplicate Instructions will be confidential. The voter will be mailed duplicate Instructions, including a VIN, and the Official Eligibility List will be marked to reflect that duplicate Instructions were mailed. 20.208 Returned Telephone Voting Instructions Instructions returned to the NMB for incorrect addresses or any other reason, will be checked for accuracy. If a "corrected" address is obtained at least seven calendar days prior to the count, the Instructions will be mailed to the corrected address. 20.209 TTY Communications System Users Voters may use the NMB's TTY communications system as explained in the Instructions. When the voter uses the TTY communications system, the voter must identify himself or herself with the correct PIN and VIN. NMB election officials shall assist the voter as necessary. 20.210 Adjustments to the Official Eligibility List The Investigator will verify the number of eligible voters prior to the count by making the following adjustments: (1) clearing all challenges; (2) removing names for those individuals whose Instructions were undeliverable; and (3) adjusting for changes in employee status. 20.3 The Tally of Votes 20.301 Location and Time of the Tally of Votes The voting will close at 2 p.m., Eastern time, unless the Investigator establishes an alternate time. The tally of votes will occur at the NMB's Office, in Washington, DC. 20.302 Admission and Control of the Tally of Votes The NMB may allow a reasonable number of representatives from the Organization(s) and the Carrier to observe the tally. 20.303 Vote Determinations 20.303-1 Valid Votes Where the voter's intent to vote for representation is clear, the vote is valid and will be counted. Valid votes include "write-in" votes which clearly indicate the voter's desire for representation. 20.303-2 Void Votes The following votes are void and will not be counted: (1) votes cast for a carrier or carrier official; (2) votes where the voter's intent is unclear; (3) votes indicating no desire for representation, such as "write-ins" indicating "No" or "No Union;" (4) votes where the voter has "written in" "self," "self representation" or the equivalent; and (5) votes which identify the voter. 20.304 Tally of Votes Following any adjustments to the list of eligible voters, the NMB agents will enter the website, tally the votes, print the tally and provide copies to the Organization(s) and the Carrier. |