Section 20 - TEV Procedures
This is a new Representation Manual section regarding TEV (Telephone Electronic Voting). 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.
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.